Note from the Editor
Political turmoil in the United States, war in the Middle East, and invasion and occupation in Europe. The time period: 1973–74; which confirms the aphorism that Winston Churchill repeated in a speech he gave in 1948 to the British House of Commons, that “those that fail to learn from history are doomed to repeat it.” If you were H. G. Wells’ Time Traveler and transported in time from 1974 to 2024 and began reading headlines in the newspaper you would be reasonable to conclude that not much has changed. However, if you were a shipping man in 1974 and joined the Time Traveler, you would notice massive change.
In 1974, vessels built in the United States, Great Britain, and Denmark dominated the list of new ship buildings with no mention of China. Today, vessels built in China dominate the list of new launches. And, in 1974 the largest container ship in the world was the Hamburg Express with a capacity of 2984 twenty-foot equivalent units (“TEUs”). Today, the largest container ship in the world is the MSC Irina with a capacity of 24,346 TEU—a whopping increase of 800 percent. But, the most important changes that have occurred in the maritime industry involve the rules, regulations, and norms of the international maritime shipping community focused on safety, starting with the 1974 SOLAS Convention, which specified minimum safety standards for the construction, equipment, and operation of ships.
Change for the sake of change is rarely beneficial. Thoughtful and purposeful change directed by the stakeholders in any venture typically ends with positive results. The maritime industry is a great example. The rules, regulations, conventions, and industry norms promulgated and promoted by the international shipping community–International Maritime Organization, Flag State, classification societies, owners, managers, etc.—which primarily focus on safety of personnel, the environment, and the vessel, while also considering the commercial implications of such rules, have been extremely effective since 1974 in reducing harm to personnel, the environment, and vessels and, consequently—in my humble opinion—the maritime industry is a model for other industries to follow when change is necessary.
— William R. Bennett III, Editor
ARTICLES
Hurricanes and Their Cost on the Maritime Industry
By Keith B. Letourneau
Aside from the destruction that flows from it, how does a hurricane along the Gulf Coast affect the maritime industry that operates hundreds of terminals and moves thousands of ocean-going ships and inland tows along its waterways? Read More »
EPA Signs Final Vessel Incidental Discharge National Standards of Performance Rule
By Jeanne M. Grasso and Holli B. Packer
On September 20, 2024, the Environmental Protection Agency (“EPA”) signed a highly anticipated final rule establishing national standards for incidental discharges from vessels into waters of the United States, albeit nearly four years after its statutory deadline. However, existing requirements included in the 2013 Vessel General Permit will remain in place until these new EPA and forthcoming U.S. Coast Guard regulations under Clean Water Act section 312(p) are final, effective, and enforceable. The U.S. Coast Guard has two years to issue its final rule implementing EPA’s standards. Read More »
The Arctic Shipping Frontier: Regulatory and Operational Challenges to Consider
By Vanessa C. DiDomenico
Heavy fuel oil (“HFO”), commonly known as bunker fuel or residual fuel oil, has been widely used by vessels for decades due to its low cost and ready availability. However, due to its high sulfur and heavy metal content, the International Maritime Organization has steadily enacted regulations to limit the sulfur content in fuels, and the ability to burn or carry HFO in sensitive areas, such as the Arctic. Read More »
U.S. Department of Commerce Proposes Expanded Export Controls Targeting Military, Intelligence, and Law Enforcement End Users in China and Elsewhere
By Anthony Rapa, Alan G. Kashdan, and Brendan S. Saslow
On July 29, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security issued proposed rules that would significantly expand controls under the Export Administration Regulations (“EAR”) regarding exports for certain end uses, certain end users, and U.S. person activities. At a high level, the proposed EAR modifications would (1) add new controlled categories of “military support end users”, “intelligence end users”, and “foreign-security end users”; (2) expand the items and country destinations that would be subject to these end use and end user prohibitions; and (3) modify the Commerce Control List to add certain surveillance items that can be used to violate human rights. Read More »
USCG Considers Organism Viability Testing Methods to Achieve Type Approval of Ballast Water Management Systems
By Jeanne M. Grasso and Holli B. Packer
On August 21, 2024, the U.S. Coast Guard outlined its intent to prepare the “Viability Testing Method Consideration for Acceptance Programmatic Environmental Impact Statement in the Federal Register (89 Fed. Reg. 67646), which will be used to evaluate, and potentially adopt, organism viability testing methods to demonstrate that ballast water discharges meet required performance standards. Comments were due on or before October 7, 2024. Read More »
Chevron Deference Tossed Overboard—What Does It Really Mean?
By Jonathan K. Waldron, Dana S. Merkel, and Holli B. Packer
The Supreme Court of the United States’ June 28, 2024, decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), dealt a blow to the “Chevron deference.” Loper Bright eliminated the judicial mandate that courts defer to an agency’s interpretation of ambiguous language in statutes administered by that agency. Notwithstanding, Loper Bright confirmed that courts can continue to accord respect to agency interpretations of law in certain circumstances. Read More »
When Is a Contract Maritime and Why Is That Important?
By Keith B. Letourneau
In the Fifth Circuit, for the longest time, deciding whether a contract was maritime involved assessing a litany of factors derived from the court’s Davis & Sons v. Gulf Oil Corporation case. Those factors generally pertain to a personal-injury scenario, which hardly covers the gamut of potential maritime contracts. Read More »
NEWS & RANKINGS
Blank Rome Maritime Group and Co-Chair Receive Lexology’s 2024 North America Awards
Blank Rome’s Maritime group, as well as Thomas H. Belknap, Jr., co-chair of the Maritime group, were recipients of Lexology’s 2024 North America Awards. Read More »
Blank Rome Attorneys Recognized in 2025 Best Lawyers in America®
Blank Rome was recognized in the 2025 Best Lawyers in America survey, which ranked 225 firm attorneys in the annual categories of “Lawyers of the Year,” “Ones to Watch,” and “Best Lawyers” in 50 practice groups across 13 regions. Read More »
Blank Rome Attorneys and Practices Highly Ranked in The Legal 500 United States 2024
Blank Rome’s Maritime group and attorneys have been highly ranked and recommended in The Legal 500 United States 2024. Researchers at The Legal 500 conduct annual, in-depth market research and gather information from individual law firms as well as feedback from peers and clients to form an objective analysis and prepare comprehensive rankings and editorial of the U.S. legal market. Read More »
The BRoader Impact: Leading with Purpose at Blank Rome
We are proud to share The BRoader Impact, a new annual report highlighting the many ways our firm is making significant strides in support of our colleagues, clients, and communities. Leading with purpose, we combine our knowledge and capabilities with our passions by providing pro bono services, volunteering our time and resources, furthering diversity and inclusion initiatives, prioritizing well-being, and elevating sustainable practices. We are proud of the meaningful work that our colleagues are carrying out in our communities every day. Read More »
The BR Privacy & Security Download
We invite you to read our October 2024 edition of The BR Privacy & Security Download, the monthly digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice, which covers current trends and updates in the areas of state, local, and federal laws and regulations, U.S. litigation and enforcement, and international laws and regulations, as well as the group’s recent events and webinars, media activity, and news. Read More »
The BR State + Local Tax Spotlight
Welcome to the October 2024 edition of The BR State + Local Tax Spotlight, our monthly newsletter from Blank Rome’s State + Local Tax team that highlights important State + Local Tax developments across numerous jurisdictions and provides updates on significant legislative developments and judicial decisions that could impact business operations. Read More »
RESOURCES
Severe Weather Emergency Recovery Team (“SWERT”)
SWERT is an interdisciplinary group of Blank Rome attorneys and government relations professionals with decades of experience helping companies and individuals recover from severe weather events, including hurricanes, wildfires, mudslides, snowstorms, earthquakes, and tornadoes. We are ready to assist those in the path of storms and other severe weather events. Read More »
Navigating Maritime Arbitration: The Experts Speak, Second Edition
We’re pleased to share that Navigating Maritime Arbitration: The Experts Speak, Second Edition, co-edited by Blank Rome’s John Kimball, is now available. Read More »
Safe Passage Blog
We invite our readers to dive into our archive of Mainbrace newsletters and maritime development advisories, as well as keep abeam with all of our current and upcoming analyses on trending maritime topics and legislation, in our Safe Passage blog. Read More »
© 2024 Blank Rome LLP. All rights reserved. Please contact Blank Rome for permission to reprint. Notice: The purpose of this update is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.
