Article

A ‘Game-Changer’ That Will Spare None

Jonathan K. Waldron, partner in Blank Rome’s maritime group, was recently quoted in the article “A ‘game-changer’ that will spare none” by Rajesh Joshi, which first appeared in the July 2010 edition of Lloyd’s List, Maritime Americas 2010.

This article discusses the Deepwater Horizon incident and its political implications as the Congress reconvenes from its July 4 recess.

At the end of June, there were at least 30 bills pending in the House, and Senate laws were being pondered upon by experts. 

Rajesh Joshi notes that the bills feature a wide array of proposals ranging from raising the limit of oil spill liability under the Oil Pollution Act of 1990 to eliminating them from this category altogether.  Some bills, he states, will eliminate all liability limits for all sorts of entities, including merchant vessels, and one proposal would make liability unlimited even for non-pecuniary claims such as death, injury, or loss of cargo.  

Mr. Waldron says that the implications for the shipping industry would remain hazy for a while. 

However, Mr. Waldron expects new laws this year. “Some sort of post-Deepwater Horizon statute should be enacted this year.  Congress is under pressure  to do something.  It cannot  let 2010 go without doing something.”

Mr. Waldron goes on to state “Reasonableness does not necessarily prevail at times like these, so the industry has to be extremely concerned, if not actively try to educate U.S. politicians.”