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 recent hurricanes, wildfires, and mudslides across the United States. We are ready to assist those in the path of storms and other severe weather events
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The outbreak of the novel coronavirus is impacting businesses and public life around the world. From supply chain disruption, government-ordered closures, and event cancellations to employee safety concerns and social distancing recommendations, every company is facing its own unique challenges in the face of the uncertainties surrounding this global pandemic. Blank Rome’s Coronavirus (“COVID-19”) Task Force is monitoring this ever-changing situation and is here to help.
Our maritime industry team is composed of practice-focused subcommittees from across many of our Firm’s offices, with attorneys who have extensive capabilities and experience in the maritime industry and beyond, effectively complementing Blank Rome Maritime’s client cases and transactions.
Maritime Emergency Response Team (“MERT”)
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In the event of an incident, please contact any of our MERT members listed in red below.
William R. Bennett III – NYC
CO-CHAIR, BLANK ROME MARITIME
Jeanne M. Grasso – WAS
CO-CHAIR, BLANK ROME MARITIME
Keith B. Letourneau – HOU
CO-CHAIR, BLANK ROME MARITIME
Richard V. Singleton, II – NYC
CO-CHAIR, MARITIME INDUSTRY TEAM
Jeremy A. Herschaft – HOU
CO-CHAIR, MARITIME INDUSTRY TEAM
Matthew J. Thomas – WAS
CO-CHAIR, MARITIME INDUSTRY TEAM Continue reading “Blank Rome’s Maritime Industry Team”
Blank Rome’s internationally recognized Maritime & International Trade practice group presents a new series of informative webinars covering hot topics in the shipping industry and key insights into 2021 and beyond. Sessions will cover:
For the third webinar in our Mainbrace Live series, Blank Rome LLP attorneys William R. Bennett, III, Lauren B. Wilgus, Jeremy A. Herschaft, Zachary J. Wyatte, and Noe S. Hamra presented “U.S. Maritime Litigation Trends” on Tuesday, May 18, 2021.
Bill, Lauren, Jeremy, Zach, and Noe discussed:
MODERATOR
PRESENTERS
To watch a recording of this webinar, please go to the webinar on-demand registration page here.
Blank Rome’s internationally recognized Maritime & International Trade practice group presents a new series of informative webinars covering hot topics in the shipping industry and key insights into 2021 and beyond. Sessions will cover:
For the second webinar in our Mainbrace Live series, Blank Rome LLP Maritime attorneys Thomas H. Belknap, Jr., Joan M. Bondareff, Jonathan K. Waldron, Douglas J. Shoemaker, and Dana S. Merkel presented “U.S. Offshore Wind Industry Update” on Tuesday, April 27, 2021.
Tom, Joan, Jon, Douglas, and Dana discussed:
MODERATOR
PRESENTERS
You can read coverage of this webinar at TradeWinds here.
To watch a recording of this webinar, please go to the webinar on-demand registration page here.
Blank Rome’s internationally recognized Maritime & International Trade practice group presents a new series of informative webinars covering hot topics in the shipping industry and key insights into 2021 and beyond. Sessions will cover:
To open the series, on April 13, 2021, Blank Rome LLP Maritime Partners Matthew J. Thomas and Kierstan L. Carlson, along with Blank Rome Government Relations LLC Senior Advisor David S. Jansen, presented “Mainbrace Live: Prepare for the Biden Administration’s Maritime & Foreign Policy.”
Matt, Kierstan, and David discussed the outlook for maritime policymaking under the new Administration and its impacts on the global shipping industry, including:
MODERATOR
PRESENTERS
To watch a recording of this webinar, please go to the webinar on-demand registration page here.
Jonathan K. Waldron, Matthew J. Thomas, Jeanne M. Grasso, and Stefanos N. Roulakis
Stakeholders in offshore wind construction projects, including vessel owners and operators, project developers, and equipment manufacturers, should ensure that their plans for offshore wind development take into consideration the implications of U.S. Customs and Border Protection’s (“CBP”) most recent Jones Act ruling. While a previous ruling issued by CBP in January 2021 changed course by ruling that “pristine sites” were subject to the Coastwise Merchandise Statute (commonly referred to as the Jones Act), CBP has modified this ruling generally in line with past precedent. Nonetheless, CBP’s modification creates some changes for Jones Act compliance in the offshore wind sector.
On January 27, 2021, CBP ignited controversy in its first Jones Act ruling on offshore wind since the passage of the 2021 National Defense Authorization Act (“NDAA”). The NDAA, through an amendment to the Outer Continental Shelf Lands Act (“OCSLA”), clarified that the Jones Act applied to renewable energy projects on the U.S. Outer Continental Shelf (“OCS”), and stakeholders expected that the same cabotage rules which have applied to mineral energy development projects would equally apply to offshore wind. Nonetheless, in HQ H309186, CBP deviated from decades of precedent by ruling that the lading of “scour protection” materials by a non-coastwise qualified vessel at a U.S. coastwise point (i.e., a port or place in the United States), and unlading of these materials at a pristine site on the OCS, would violate the Jones Act. Reversing course after comments from industry stakeholders, CBP issued a modification, which held that the “Jones Act does not apply to activity occurring at the pristine seabed on the OCS, which has been CBP’s longstanding position on the issue.” HQ H317289 (March 25, 2021). While CBP’s reversal appears to be consistent with “longstanding” precedent on pristine sites, the modification itself raises questions about the applicability of the Jones Act in certain contexts as discussed further below.
BACKGROUND
Decades after extending federal law (including the Jones Act) to the OCS for mineral-related energy development projects, Congress enacted the 2021 NDAA, which included a provision confirming that the Jones Act applies to all offshore energy development on the Outer Continental Shelf, including wind energy. While most offshore wind projects were planned with Jones Act compliance in mind, this has generally been a welcome development for all stakeholders, with the hope that it would bring needed clarity and certainty to renewable energy development projects offshore.
However, CBP’s first shot out of the gate in January missed the mark, although the agency should be lauded for issuing a correction in short order last month. In the initial ruling, Great Lakes Dredge and Dock (“Great Lakes”) proposed to transport and unlade “scour protection” materials (i.e., rocks) to protect wind turbine generator (“WTG”) foundations in conjunction with the construction of the Vineyard Wind Project located on the OCS off the southeast shore of Martha’s Vineyard. Great Lakes proposed unlading the materials at the WTG sites on the OCS in layers and at different phases of the WTG installation process using both coastwise and non-coastwise vessels under various scenarios.
Please click here for the full client alert.
Did you miss our digital edition of MAINBRACE: December 2020?
You can download our newly released PDF version here.
Keith B. Letourneau, Matthew J. Thomas, and Zachary J. Wyatte
New Development
The Baltic and International Maritime Council’s (“BIMCO”) Documentary Committee adopted several new clauses and contracts at its recent meeting held on January 25, 2021. Included were: (1) a new charter sanctions clause, (2) a clause promoting transparency and dialogue between owners and charterers, and (3) tug, barge, and floating hotel contracts. Given the prevalence of U.S. sanctions against myriad governmental and private-party actors worldwide, the scourge of the COVID-19 pandemic, and the construction advent of new offshore wind farm structures, each of these clauses and contracts warrant consideration by maritime law practitioners and commercial operators alike.
Sanctions Clause for Container Vessel Time Charter Parties 2021
In recognizing the complexity of international sanctions regimes, coupled with the fact that they consistently change as the number of new restrictions continues to increase, BIMCO issued a sanctions clause for charter parties in the container trade in an effort to assist interested parties in complying with the worldwide sanctions regulations. This new clause was designed as part of an initiative to create a library of sanctions clauses that reflect the individual needs and characteristics of different trades and operations, as well as provide greater understanding of the responsibilities assumed by owners. It is the last step in a triad of sanctions clause updates, which comes more than a year after BIMCO’s revised standard sanctions clauses for time and voyage charters. As the various shipping subsectors possess separate risks associated with different market realities, BIMCO tailored this clause to address the characteristics of the container industry, specifically to address: (1) transactions with a “Sanctioned Party,” and (2) voyages involving a “Sanctioned Cargo.”
Please click here for the full client alert.
Thomas H. Belknap, Jr., Editor
COVID, COVID, COVID … Sometimes it feels like that is all anyone is talking about these days (especially now that the election is behind us). So, in this issue of Mainbrace, we (mostly) take a break from that topic and try to focus on some other things.
Use of new technology in the maritime industry is one subject that always interests us, and there is no shortage of pertinent topics in this space. In this issue, we present articles discussing the legal and practical issues relating to the use of facial recognition technology on cruise ships, developments in the use of blockchain in global logistics arrangements, and new regulatory developments relating to electronic recordkeeping onboard vessels.
Meanwhile, as the 116th Congress moves towards its close at the end of the year, we take a look at pending maritime-related legislation and make a few guesses as to what we might expect from the 117th Congress, which convenes in January 2021. Of particular interest to the budding offshore wind industry is a separate article looking at recent developments on proposed legislation to clarify the application of the Jones Act to offshore wind development. We also look at ongoing efforts to pass legislation to tackle the serious and expanding problem of plastics in the oceans, as well as provide an update on regulatory developments relating to the Vessel Incidental Discharge Act.
The year 2020 has become a punchline of sorts for all the things that can go wrong. There’s no question that it has been a year like no other in memory, and I am sure many of us are ready to turn a new leaf in 2021. With disruption comes opportunity, however, and it is not so difficult to envision the many ways that the hurdles of this year will jumpstart innovation and progress in the coming years. Indeed, it seems clear that we are already heading down this path. So, let this be our New Year’s wish to all our clients and friends: may you stay ahead of the curve and figure out how to turn problems into solutions. We look forward to being there to help you do just that in 2021 and beyond. Happy Holidays to all.
