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Majority Rules: Ninth Circuit Joins in Treating Contribution and Indemnity Claims as Separate in Limitation Proceedings
On September 12, 2024, in In re Live Life Bella Vita LLC, No. 23-55613 (9th Cir. Sept. 12, 2024), the Ninth Circuit joined the majority of circuits by holding that claims for indemnity and contribution are considered separate claims in the context of Limitation Actions, and thus, if a claimant wants to lift the federal court stay and proceed in state court, all claimants must execute a stipulation preserving the shipowner’s right to have the federal court determine limitation of liability.
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EPA Issues Much-Anticipated Final Rule Establishing National Standards of Performance for Vessel Incidental Discharges
On October 9, 2024, the Environmental Protection Agency (“EPA”) published the final rule, Vessel Incidental Discharge National Standards of Performance (“VID-NSP”), establishing national performance standards under the Vessel Incidental Discharge Act (“VIDA”). See 89 Fed. Reg. 82074 (Oct. 9, 2024) (see our previous blog post detailing some of the rule’s history and substance, which the
USCG Updates Guidance on Safer Seas Act Camera Requirements
On October 3, 2024, the U.S. Coast Guard published Change 1 to CVC Policy Letter 23-05 — Guidance on Surveillance Requirements for Certain Commercial Vessels That Do Not Carry Passengers (CVC-PL-23-05-CH01).1 This updated Policy Letter addresses the surveillance equipment characteristics that vessel owners and operators are required to install and maintain under the Safer Seas Act, which became law in December 2022 as part of the James M. Inhofe National Defense Authorization Act (“NDAA”) for Fiscal Year 2023.
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Fifth Circuit Affirms Dismissal of Jones Act Claims Based on Forum Non Conveniens
On July 17, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of a Jones Act seaman’s personal injury suit on forum non conveniens grounds. The decision turned on the enforceability of a forum selection clause in the seaman’s employment contract mandating that litigation take place in England.
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Fifth Circuit Upholds Coast Guard Determination that Dredging Barge with Foreign-Made Crane May Operate in the United States
On April 17, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the Coast Guard’s determination that a vessel is considered “built in the United States” for purposes of coastwise endorsement eligibility notwithstanding its incorporation of a foreign-made crane.
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Choice-of-Law Provisions in Marine Insurance Contracts Upheld by the Supreme Court
In a much-anticipated decision, the United States Supreme Court held that choice-of-law provisions in marine insurance contracts are presumptively enforceable under federal maritime law with a few narrow exceptions. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, 601 U.S. ___ (2024), the country’s highest court overturned a Third Circuit Court of
State Law Taxation of Capital Construction Funds
The Capital Construction Fund (“CCF”) program is a joint program of the Internal Revenue Service and the United States Maritime Administration which provides federal income tax incentives, mostly through tax deferral, to vessel owners and operators.
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Louisiana International Terminal Project Receives Federal Funding Boost
The Port of New Orleans has been awarded a $73.8 million federal grant to support the initial construction of its Louisiana International Terminal (LIT) project in St. Bernard Parish. The new terminal, located in Violet, Louisiana, will be able to serve vessels of all sizes by avoiding height restrictions from bridges further up the Mississippi River and taking advantage of the deeper, 50-foot Lower Mississippi River Ship Channel.
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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation
On October 18, 2023, the EPA published a Supplemental Notice of Proposed Rulemaking (“SNPR”) regarding incidental discharges from vessels, proposing national performance standards under the Vessel Incidental Discharge Act (“VIDA”).
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