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April 2008

April 30, 2008

More on USA v. Lei Shi

I wrote an earlier post about this case, here

Prof. Shaun Martin of California Appellate Report has some interesting analysis about the opinon.

April 25, 2008

Mow Back the Naupaka - So Say Kahala Beachgoers

On the shoreline front, KITV did an investigative piece about a growing dispute between Kahala oceanfront lot owners who are said to use vegetation to curtail access laterally at the beach.

April 24, 2008

Securing LNG Facilities - Coast Guard Authorization Bill Triggers DC Fight

Busy week in Washington, D.C. with a big fight between Congress and the Administration over whether the Coast Guard should be responsible for securing Liquified Natural Gas (LNG) facilities or whether that cost is properly paid by the facility owner.  The White House threatened a veto.  The Commandant of Coast Guard issued a statement as did the Office of Management and Budget (OMB),  here.

A side note in the bill is the transfer of the Administrative Law Judges from the Coast Guard to the National Transportation Safety Board.  These ALJ's handled merchant marine licensing suspension and revocation matters. 

The House, not fazed by the White House threat of veto, passed the bill.

Universal Crimes and the Extraterritoriality of U.S. Law - U.S. v. Lei Shi

The Ninth Circuit just affirmed the conviction and sentence for a Chinese sailor who killed a Taiwanese Captain and Chinese First Mate on a Seychelles-flagged, Taiwan-owned fishing vessel sailing on the high seas.  USA v. Lei Shi, No. 06-10389.

Disclosure:  At the time of this incident, I was a Judge Advocate with the Coast Guard and assisted with the prosecution of this case as a Special Assistant U.S. Attorney.

April 14, 2008

Ballast Water Treatment Plans - Draft EAs

I earlier posted the Draft Environmental Assessment for the Hawaii-based vessel, M/V Moku Pahu.  The U.S. Coast Guard released other Ballast Water Treatment Draft Environmental Assessments relating to vessels in the Atlantic Ocean.

For anyone interested in comparing the EA's, they are posted below:

M/V Atlantic Compass

M/V Coral Princess

Hawaii Ballast Water Treatment Project

The U.S. Coast Guard announced  the availability of a Draft Environmental Assessment for the Shipboard Technology Evaluation Program on the M/V Moku Pahu.  Matson is undertaking a ballast water treatment project using Ecochlor technology.  The U.S. Coast Guard is seeking comment on the Draft Environmental Assessment

The comment deadline is June 3, 2008.

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  • Why a Blog?
    this blog is provided as a resource to anyone interested in legal issues relating to the ocean or the maritime use of it, in and around Hawaii, Oceania and beyond. it will start at the shoreline and head out to sea from there.
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    This blog is for informational purposes only. By reading it, you and I do not form an attorney-client relationship. If you want legal advice, retain an attorney licensed in your jurisdiction. This blog is not sponsored by my firm, nor is it approved by my firm or my clients. The opinions expressed here are my own. © All rights reserved. 2007.

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