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Tag Archives: Louisiana ports

If in Doubt, File the Complaint for Limitation of Liability

Posted in Jones Act, Marine Services, Maritime Contracts, Ports & Cargo Shipping

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking exoneration or limitation of liability under the Shipowners’ Limitation of Liability Act, 46 U.S.C. § 30501 et seq. from that claim.  It is… Continue Reading

A Checklist: What to Expect When Financing Vessel Construction

Posted in Marine Services, Maritime Contracts, Ports & Cargo Shipping

When seeking construction financing for a proposed newbuilding, shipowners should understand and be prepared to address the particular concerns that lenders have in assessing risk and documenting vessel construction projects. When deciding whether to approve a construction financing loan, lenders focus on certain key factors: Does the shipyard have the requisite experience, manpower and financial… Continue Reading

Supreme Court Extends the Scope of the Outer Continental Shelf Lands Act Landward

Posted in Marine Services, Maritime Contracts, Offshore Oil, Ports & Cargo Shipping

The United States Supreme Court, in Pacific Operators Offshore, LLP v. Valladolid, concluded that the widow of an employee who suffered fatal injuries on shore may still recover LHWCA benefits pursuant to OCSLA if her husband’s death had a “substantial nexus” to his employer’s oil and gas operations on the OCS.  This is an unexpected… Continue Reading

Fifth Circuit Focuses on Manning Requirements and Charter Arrangements for Foreign Floating Rigs

Posted in Marine Services, Offshore Oil

The U.S. Fifth Circuit, in Brown v. Offshore Specialty Fabricators, Inc., No. 10-40936 (Nov. 23, 2011), recently addressed the confluence of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Outer Continental Shelf Lands Act (“OCSLA”), the Immigration and Nationality Act (“INA”), and “foreign control” exemptions from the OCSLA manning requirements that had been issued… Continue Reading

EPA proposes new vessel general permits–let the games begin.

Posted in Energy, Marine Services, Maritime Contracts, Ports & Cargo Shipping

The EPA issued drafts of two vessel general permits seeking to regulate discharge from commercial vessels (military and recreational vessels are excluded) on November 30. The draft permits – (1) Vessel General Permit for Discharges Incidental to The Normal Operation of Vessels (VGP) and (2) Small Vessel General Permit for Discharges Incidental to The Normal… Continue Reading

Coast Guard proposes changes to Inspection of Towing Vessels regulations

Posted in Energy, Maritime Contracts, Offshore Oil, Ports & Cargo Shipping

The U.S. Coast Guard has proposed significant changes to the regulations concerning the Inspection of Towing Vessels and arguably eliminating the class of vessels formerly known as uninspected towing vessels.  The Coast Guard has established a deadline of December 9, 2011, to receive public comments, which can be made at the following link:  www.regulations.gov and… Continue Reading

Shelved tax credit could bring new shipping lines to Louisiana Ports

Posted in Ports & Cargo Shipping

In the recent CityBusiness article “Revenue Neutrality Keeps Shipping Tax Credit on Shelf,” Ben Meyers examines the reasons behind the State of Louisiana’s refusal to implement a $5 per-ton tax credit passed into law two years ago. The Ports Tax Credit Program provides for export‐import cargo credit of $5 per ton for cargo emanating from or destined to… Continue Reading