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U.S. Fifth Circuit reaffirms importance of actually working on vessel for seaman status
  • Kean Miller LLP
  • USA
  • May 18 2015

The U.S. 5th Circuit recently re-addressed the standing law on seaman status in the Circuit in Alexander v. Express Energy Services Operating, L.P

D.C. Circuit nixes challenges to E15 waiver; plaintiffs lacked standing
  • Shook Hardy & Bacon LLP
  • USA
  • August 24 2012

The D.C. Circuit Court of Appeals has dismissed for lack of standing challenges by three trade associations to a U.S. Environmental Protection Agency (EPA) waiver that allows the sale of gasoline containing 15 percent ethanol (E15) for use in motor vehicles manufactured after 2001.

PRC tax regimes and time-charter hire payments
  • Reed Smith LLP
  • China
  • June 22 2011

There are two PRC tax regimes that levy taxes against hire payments made by PRC time-charterers, the Enterprise Income Tax ("EIT") and the Business Tax ("BT").

Commercial Court finds that a charterer can rely on an exclusion in a berth charter where a vessel’s unloading was delayed by congestion after a strike
  • Reed Smith LLP
  • United Kingdom
  • June 10 2011

The Appellant Charterer had entered into a berth charter with the Respondent Owner on an amended AmWelsh voyage charterparty form.

EPA questions standing of food interests to bring lawsuit over ethanol blend waiver
  • Shook Hardy & Bacon LLP
  • USA
  • February 25 2011

The Environmental Protection Agency (EPA) issued two decisions allowing the sale of ethanol blends above 10 percent, referred to as E15, for use in model year 2001 and newer vehicles.

Federal court stops bid to block EPA GHG regulations
  • Alston & Bird LLP
  • USA
  • December 13 2010

Last week, the U.S. Circuit Court of Appeals for the District of Columbia rejected an attempt by industry and states to block EPA from implementing their new greenhouse gas regulations, which are set to begin on January 2, 2011.

Supreme Court Kawasakireasoning applies retroactively
  • Fowler Rodriguez
  • USA
  • October 20 2010

The Court of Appeals for the Second Circuit recently reversed and remanded a district court decision holding that the Carmack amendment does not apply to an international multimodal shipment originated overseas under an intermodal through waybill.

"free in stowed": a transfer of loading expenses or a transfer risk of loading?
  • Rodyk & Davidson LLP
  • Singapore
  • September 21 2010

The Singapore court recently considered whether the addition of the term "free in stowed" followed by the letters "lsd" (standing for "lashed, secured and dunnaged") to a "Conlinebooking" Liner Booking Note (1978 standard form) was sufficient for a shipowner to transfer to the charterer the responsibility for loading the cargo and the risk of cargo operations at load port.

NEPA: D.C. Circuit rules Sierra Club lacks standing to challenge rail merger
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

The D.C. Circuit Court of Appeals has upheld a Surface Transportation Board decision that a merger between the Canadian Pacific Railway Corp. and Dakota Minnesota & Eastern Railroad Corp. (DM&E) may proceed despite the lack of an environmental impact study (EIS) under NEPA.

Contributory negligence round-up
  • Morton Fraser
  • United Kingdom
  • April 26 2010

One of the habitual hazards of urban life is the risk to one's feet posed by buses and long vehicles as they heave round corners and skirt along kerbs and pavements.