Mainbrace
To read the full text of the articles in the November 2012 edition of Mainbrace, please download the attached PDF.
Whither Offshore Wind?
by Joan M. Bondareff
In November 2010, Interior Secretary Ken Salazar rolled out the Administration's "Smart from the Start" Program to develop wind off the Eastern Seaboard of the United States. Nearly two years later, on October 23, 2012, Interior awarded the first lease under the Program to NRG Bluewater Wind Delaware LLC for a lease off the coast of Delaware. Slow but steady progress is being made under the Program. (View PDF to read the rest of this article)
Note from the Editor
by Thomas H. Belknap, Jr.
Reflections on Hurricane Sandy: Is it just me, or does it seem like we have seen more than our fair share of 100-year events over the past few years? Of course, the latest such event was Hurricane Sandy, which only just recently had its way with the U.S. East Coast. Unfortunately, the name "Perfect Storm" was already taken. Given Sandy's proximity to Halloween, I'd heard her referred to as "Frankenstorm," but that seems to be competing with "Superstorm Sandy," so we'll have to wait and see what sticks. (View PDF to read the rest of this article)
Marine Casualty Investigations: Problems and Pitfalls
by Jeffrey S. Moller
When a vessel-related accident occurs on the navigable waters of the United States, the investigation machinery starts up almost immediately. The operator, owner, or person in charge of a vessel involved in such a casualty is obliged to give the soonest practicable notification, often followed by a written report, to the local Coast Guard Sector or office. This begins a process in which livelihoods, liberty, and civil liability might all be at stake. (View PDF to read the rest of this article)
Just When You Thought You Fully Understood MARPOL Annex V Garbage Regulations
by Jonathan K. Waldron and Dana S. Merkel
For years, the focus with regard to MARPOL Annex V has been the continued expansion of special areas and stricter enforcement. Recent media coverage and attention at the International Maritime Organization (IMO) has been on greenhouse gas issues, emission control areas, and ballast water. However, the Marine Environment Protection Committee (MEPC) has been quietly working on sweeping revisions to MARPOL Annex V garbage requirements. (View PDF to read the rest of this article)
Update on the Implementation of the North American Emission Control Area
by Jeanne M. Grasso
The North American Emission Control Area (ECA) was established in 2009 pursuant to Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), which is implemented domestically through the Act to Prevent Pollution from Ships (APPS). The ECA encompasses most of the United States and Canada's coastal waters out to 200 nautical miles from the coastline, though it does not include the Pacific U.S. territories, smaller Hawaiian Islands, Puerto Rico, the U.S. Virgin Islands, the Aleutian Islands and Western Alaska, and the U.S. and Canadian Arctic. (View PDF to read the rest of this article)
Shipper's Liability for Dangerous Cargo
by Thomas H. Belknap, Jr.
In this day and age, with containers pervasive and new and ever-developing chemicals, compounds, and materials being developed and shipped at a rapid pace, the risk is ever-increasing of significant or even catastrophic loss or damage resulting from the carriage of dangerous goods. But when is the shipper liable for loss or damage resulting from such an incident? (View PDF to read the rest of this article)
Notice: The purpose of this newsletter is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. The Advisory should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.