Monday, August 29, 2011

Bryant’s Maritime Blog - 29 August 2011

Commencing 1 September 2011, this Blogspot blog will no longer be updated. Instead, readers should go to the blog on my official website, located at . I apologize for any inconvenience, but my official website has the same information and more.


Court – DWH claims for economic loss and property damage;

Charleston – port reopened;

MARAD – Panama Canal Expansion and America’s Marine Highway;

DOT – MTSNAC members announced;

Columbia River – barge removal complete;

Court – securities fraud class action suit dismissed;

Denmark – responsible exploitation of Arctic resources; and

Singapore Strait – tanker boarded and robbed.

August 29, 2011

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Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA

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Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Remembering the future.

Court – DWH claims for economic loss and property damage

clip_image004 In the multi-district litigation (MDL) involving hundreds of consolidated cases and thousands of plaintiffs regarding the explosion, fire, and sinking of the mobile offshore drilling unit (MODU) Deepwater Horizon and the resulting oil spill, the US District Court for the Eastern District of Louisiana issued an Order regarding claims for private (non-governmental) economic loss and property damage. The court held that: (1) admiralty jurisdiction applies; (2) the Deepwater Horizon was a vessel for purposes of these claims; (3) the blowout preventer (BOP) was an appurtenance of the Deepwater Horizon; (4) state law is inapplicable to these claims because the spill emanated from the Outer Continental Shelf (OCS) and impacted claimants in multiple states; (5) recovery of economic damages under general maritime law requires evidence of physical impact, but not for claims under the Oil Pollution Act of 1990 (OPA 90); (6) defendants other than the OPA 90 responsible parties may be subject to suit under general maritime law; (7) punitive damages are recoverable; and (8) issues regarding presentment of OPA 90 claims are being deferred to a later date. (8/26/11). Note: While little in this order is surprising other than the potential direct liability of the non-OPA 90 defendants, it represents a significant step in this massive litigation. Because of the billions of dollars at stake here, an appeal is almost certain.

Charleston – port reopened

clip_image006 The US Coast Guard issued a news release stating that the Captain of the Port (COTP) has reopened the Port of Charleston following completion of its Hurricane Irene damage assessment. (8/27/11).

MARAD – Panama Canal Expansion and America’s Marine Highway

clip_image008 The Maritime Administration (MARAD) is sponsoring Listening Sessions in San Francisco (September 22) and New York (September 27) for the Panama Canal Expansion Study and the America’s Marine Highway Corridor Workshop. The sessions will discuss the potential impacts of the Panama Canal Expansion on US ports and infrastructure and explore opportunities to better incorporate Marine Highways into the National Transportation System. (8/26/11). Note: This item was brought to my attention by my good friend Mark Yonge of Maritime Transport & Logistics Advisors.

DOT – MTSNAC members announced

clip_image010 The Department of Transportation issued a news release stating that Secretary Ray LaHood appointed 29 members to the Marine Transportation System National Advisory Council (MTSNAC). (8/26/11).

Columbia River – barge removal complete

clip_image011 clip_image013 The Washington State Department of Ecology issued a media release stating that demolition and removal of the barge Davy Crockett from the Columbia River near Camas, Washington is complete. Removal included more than 33,000 gallons of bunker oil and 4,850 pounds of asbestos. The US Coast Guard served as the Incident Commander and the $20 million project was funded by the federal Oil Spill Liability Trust Fund (OSLTF). (8/25/11).

Court – securities fraud class action suit dismissed

clip_image015 In an unpublished decision, the US Court of Appeals for the Third Circuit affirmed the dismissal of a securities fraud class action against a corporate shipowner and five individuals. The Court held that there was insufficient evidence to show that any individual who made actionable statements with regard to the financial condition of the corporation did so with the requisite knowledge that the statements were false. One of the three judges on the panel filed a strong dissent. City of Roseville Employees’ Retirement System v. Horizon Lines, No. 10-2788 (3rd Cir.

Denmark – responsible exploitation of Arctic resources

clip_image017 The Government of Denmark issued a news release stating that Denmark, Greenland, and the Faroe Islands will responsibly respond to changes in the Arctic climate and the possibility of increased natural resource exploration and exploitation. (8/25/11).

Singapore Strait – tanker boarded and robbed

clip_image019 The ReCAAP Information Sharing Centre issued an Incident Alert stating that robbers boarded a petroleum product tanker underway at night in the Singapore Strait approximately seven nm northeast of Horsburgh Lighthouse. They departed the tanker after stealing some shipboard equipment and crew’s personal belongings. The crew was not injured. (8/26/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – August 2011

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