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Articles by Nicolette Kraska
Fifth Circuit Rules Contract To Repair Offshore Oil & Gas Platform Not A Maritime Contract
Liskow & Lewis are most popular: within Strategy and Technology topic(s) In another recent decision, Genesis Energy, L.P. v. Danos, L.L.C., 152 F.4th 648 (5th Cir. 2025), the United States Fifth Circuit Court of Appeals found yet again that a contract to repair an offshore oil & gas platform was governed by Louisiana law pursuant to the Outer Continental Shelf Lands Act, rather than maritime law.
The FMC's Latest Ruling On Detention Charges: What It Means For Ocean Carriers
Listen to this post On February 13, 2025, the Federal Maritime Commission ("FMC") issued its latest ruling in a saga concerning whether an ocean carrier's assessment of detention and demurrage ("D+D") charges during periods when equipment cannot be returned due to terminal closures constitutes an "unjust and unreasonable" practice in violation of the Shipping Act. See TCW, Inc. v. Evergreen Shipping Agency (Am.) Corp., Docket No. 1966(I) (FMC Feb 13, 2025).
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 final rule substantially implements).
EPA's Proposed Rule On Vessel Incidental Discharges Brings VIDA One Step Closer To Full Implementation
Listen to this post 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"). The VIDA, enacted in December 2018, will standardize incidental discharge permits and regulations, replacing the 2013 Vessel General Permit ("VGP") that commercial vessels are currently required to follow.
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”). The VIDA, enacted in December 2018, will standardize incidental discharge permits and regulations, replacing the 2013 Vessel General Permit (“VGP”) that commercial vessels are currently required to follow.
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