MaritimeFedWatch

On August 23, 2019, the U.S. District Court for the District of the Virgin Islands sentenced two shipping companies in a broad-reaching landmark MARPOL prosecution. Although the U.S. Coast Guard has previously detained vessels for using fuel with a higher sulfur content than permitted in the North American Emission Control Area, this case marks the first time that the U.S. Department of Justice has prosecuted a case for a violation of MARPOL Annex VI regulations for the prevention of air pollution from ships.

On June 21, 2018, the U.S. Supreme Court announced a decision in the case of Lucia v. Securities and Exchange Commission that could have a significant impact on all federal administrative law judges, including the Coast Guard and Federal Maritime Commission ALJs.

The Department of Justice (DOJ) has issued a new policy that may curtail the long-standing practice of requiring vessel owners and operators facing charges under the Act to Prevent Pollution from Ships (APPS) and MARPOL to make “Community Service Payments” to non profit groups such as the National Fish and Wildlife Foundation as part of their plea agreements.