A Member was recently fined at a U.S. Port, for violating 7 CFR 330.400 which was established under the Plant Protection Act of 2000 (7 U.S.C. 7701). This regulation was designed to prevent the spread of plant pests as well as livestock and poultry diseases.
This paper emphasises that differences between vessels and offshore facilities under OPA are necessary and that unlimited or unreasonable liability requirements for vessels under OPA should be opposed.
In this paper the Department of Justice is advocating the revision of OPA 90 and it believes the current limits are inadequate. Although it presents its argument in the context of offshore drilling it does not exclude shipping from its scope.
This paper proposes that OPA 90's current limits for ships are realistic, adequate, allow for necessary increases, and incorporate well-tested, proactive spill response mechanisms. The removal of the shipowner's right of limitation would cut across the 'polluter pays' principle, the bedrock of OPA 90, which preserves a balance between shipowner and cargo owner/receiver liability. A shipowner must be able to insure its liabilities otherwise he cannot trade and revising any part of this equation could prejudice the continuance of oil imports to the United States.
This paper gives the ICS position on the proposed amendments that changes to the insurance and liability related aspects of OPA 90 are unwarranted given that few incidents have exceeded its limits.
This paper reviews the role of the Oil Spill Liability Trust Fund and the National Pollution Funds Center. The liability limits and financial responsibility of the proposed May 12th legislative package are reviewed. The arrangements put in place by BP to meet the requirements of the OPA claims process are also reviewed.
This paper provides a useful review of OPA 90 and argues that the offshore drilling industry warrants a different liability regime from that applicable to ship operators. It also provides comment on limitation and insurability.
The number of jurisdictions that require owners to maintain vessel response plans (VRP) has been increased. This circular reiterates the four areas of importance to the Club when reviewing contracts under VRP requirements. Two annexes to this circular contain the IG guidelines on VRP contracts in the US and outside the US.
A circular was recently released by the Canadian Food Inspection Agency and the United States Department of Agriculture concerning AGM and action taken against infested ships.
This edition of HiLights includes advisory articles on steel cargoes "Big deal about steel"; grain cleanliness of holds "Grain clean" as well as commentary on rising people claims, the UK Defence Club seminar report and "Chronia polla"
This November edition of Bodily Injury News includes articles on Collateral Estoppel; Depositions ; Punitive Damages; Medicare Reporting; Texas Third Party Practice
The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) was adopted in December 2008 by the UN General Assembly. It will significantly increase the liability of shipowners and maritime carriers in respect of the carriage of cargo.
