On September 2, 2022, the U.S. Customs and Border Protection of the Department of Homeland Security (“CBP”) issued a CBP ruling, HQ H32233, determining that most offshore Wind Energy installation projects, including the laying of transmission cables, generally requires the use of Jones Act (Coastwise) compliant vessels. Jones Act qualified and compliant vessels are those
The Fifth Crime: Ecocide
A panel of 12 lawyers from around the world recently proposed a legal definition for a new crime: ecocide. For years, the panel, along with various international groups, has sought to amend the Rome Statute of the International Criminal Court to include ecocide as one of the crimes within the court’s jurisdiction.
Currently, the ICC
Force Majeure: Coronavirus (COVID-19)
On March 11, 2020, the World Health Organization (“WHO”), officially declared COVID-19, commonly known as coronavirus, a pandemic with nearly 120,000 confirmed cases in 114 countries and over 4,000 deaths. With the number of cases, deaths, and countries affected expected to climb in the coming days and weeks, the virus’ global impact is extremely uncertain
U.S. Supreme Court Holds Transportation Workers Exempt from Arbitration
Generally, a contract is the law between parties, which has long been the position of the U.S. Supreme Court. However, as most well know, this principle is not without limitation. On January 15, 2019, in New Prime v. Oliveira, the Court unanimously held that disputes concerning contracts of employment involving transportation workers engaged in
Seaman Status Found for Worker on “Floating Mat” Not Connected to a Vessel at the Time of Injury
On October 19, 2016, the Louisiana Third Circuit Court of Appeal in Guidry v. ABC Ins. Co., 2016-61 (La. App. 3 Cir. 10/19/16); — So. 3d — affirmed that a welder injured while assisting in the construction of a bulkhead in Grand Isle, LA was a seaman and that the floating mat on which
EDLA Reminds That Maritime Liens Are Not Automatically Enforceable At Time Of Attachment… But There Are Exceptions
On August 10, 2016, the Eastern District of Louisiana reaffirmed that a maritime lien may attach to a vessel at the moment the necessaries are provided, but that the lien may not yet be enforceable until payment is due (i.e., the debt had matured). Thus, in the typical case, the amount of security necessary
Obama Administration Announces Onerous Regulations on Emissions For All New and Existing OCS Oil and Gas Facilities
On March 17, 2016, the Obama Administration announced through the Bureau of Ocean Energy Management (“BOEM”) its newly proposed air quality emission regulations for offshore oil and gas activities. According to BOEM, the primary benefit of this rule is “to ensure that offshore facilities and operations are in compliance with the air quality objectives and
Longshore and Harbor Workers’ Compensation Act 101 – Who is Covered
The following is an overview of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) which introduces general concepts concerning coverage and benefits under the Act. It should be noted that there are many more procedural and substantive aspects of the LHWCA that are not covered in this brief overview.
Background on the LHWCA:
In
Eastern District of Louisiana Reminds Providers of Necessaries to Make Sure That They are Contracting with an Authorized Party to Protect its Maritime Lien
The Eastern District of Louisiana recently held that a marine fuel supplier who provided fuel to a vessel, through two intermediaries, did not have a valid maritime lien on the vessel even though the vessel accepted and signed for the fuel delivery. See Valero Marketing & Supply Co. v. M/V ALMI SUN, 2016 WL