hawaiioceanlaw.com

Exxon Valdez Puni's - Longer Argument Allowed

Looks like the Supreme Court is interested in a FULL argument in the Exxon Valdez punitive damages case.  It allowed for 45 minutes of argument per side, instead of the customary 30 minutes.  My post on this case is here.

Insureds Must Fully Disclose - Part Two

My colleague, Tred Eyerly, has a great post (on a new insurance law blawg) digesting the new maritime insurance case, posted originally, here.

NASA Puts 'Em Up There - Navy Brings 'Em Down

Per the Advertiser, the Defense Department has decided to shoot down a failing satellite, instead of letting it randomly crash on Earth.  Summary of Pentagon press conference is here.  The press conference seems to indicate that the shootdown, if successful, will test U.S. capabilities to deal with foreign space "assets".

Homeland Security Seeks $9.3B for Fiscal Year 2009

Homeland Security Secretary Chertoff provided testimony to the House of Representatives about the proposed budget for fiscal year 2009.  Questioning at the hearing seemed to focus on transition of administrations, surveillance programs and the port grant programs.

Relating to the Coast Guard, the budget request attempts to stanch the trend of worsening readiness of Coast Guard cutters, as reported here.  On reading of these problems, I'm reminded of the song from the group Split Enz, thought to be a political commentary on the Royal Navy's readiness issues during the Falkland War, entitled "Six Months in a Leaky Boat."

Feds and IMO Move to Regulate Shipboard Emissions

I had earlier posted on a pending bill in the State of Hawaii attempting to regulate the use of bunker fuel in Nawiliwili Harbor on Kauai, here.  Ship emissions are also being discussed in the international arena (to wit: the International Maritime Organization or IMO), here, and nationally, here.  This is the bill introduced in the U.S. Senate. 

My quick skim of the federal bill identifies some overlap with the State's version.   

Uncle Sam Wants More Info on Cargo Shipments

Hat tip to International Trade Law news for its post on the proposed rule requiring information on cargo shipments.  Uncle Sam says:

An importer, or person causing goods to arrive within the limits of a port in the U.S. would be required under the proposed rule to submit an Importers Security Filing within 24 hours before cargo is laden abroad a vessel. The Importers Security Filing for cargo (other than foreign cargo remaining on board) must contain the following data elements:
1) Manufacturer name and address
2) Seller name and address
3) Container stuffing location
4) Consolidator name and address
5) Buyer name and address
6) Ship to name and address
7) Importer of record number
8) Consignee number
9) Country of origin of the goods
10) Commodity Harmonized Tariff Schedule number (6 digits)

Coast Guard Amends COFR Requirements

The Coast Guard published its Notice of Proposed Rulemaking amending the OPA 90 COFR requirements.  Included in this rule are increases in liability caps under OPA 90 and the removal of the requirement to have the Certificate of Financial Responsibility onboard the vessel.

Deadline for comment is May 8, 2008.

State Tries to Regulate Ships' Fuels?

One bill (HB2919) proposed for this session of the Hawaii Legislature purports to regulate the use of bunker fuel on ships in Nawiliwili Harbor on Kauai.  The background is discussed here.

Haven't fully digested yet, but the State of Hawaii only extends out three nautical miles, so any attempts to regulate shipboard operations (i.e. five mile radius in the bill) is problematic.

California Sonar Litigation Comes to Hawaii

The Advertiser reports on yesterday's hearing in a pending lawsuit between Earthjustice and the U.S. Navy.  This suit parallels the California sonar litigation posted here.

The funny side to the story is the "field trip" Judge Ezra and litigants will be taking on the USS O'kane.  Note to the ship-riders:  the little clear plastic bags they give you when you come onboard are so you don't make a mess if your breakfast doesn't sit well with the Pacific Ocean February swells.

P&I Club Urges Loss Prevention to Stop Container Losses

North of England P&I club (think maritime insurance company, kinda) is urging shippers to adopt better loss prevention measures to stem losses of shipping containers, here.