Legal Beat: Jones Act Moon Shot
What does the Jones Act have to do with the moon, you ask? Well, we must go to ground on the Jones Act to answer the question.The “Jones Act” we are talking about is the section in the Merchant Marine Act, 1920 which revised the pre-existing reservation of U.S. domestic maritime commerce to qualified U.S.-flag vessels. “Pre-existing” is the right term because the U.S. Government advantaged U.S.-owned vessels in the domestic trade first with a differential duty in 1789 and then with an outright reservation in 1817. Changes were made over time to close loopholes particularly in 1866, 1893, and 1898.
Big Corn, Big Oil Unhappy with Fed's Biofuel Plan
Corn farmers, ethanol producers, refinery representatives, energy traders and state and local officials from the Midwest all blasted away at the Trump administration's proposed biofuels plan for next year during a public hearing on Wednesday hosted by the U.S. Environmental Protection Agency (EPA).The hearing in Ann Arbor, Michigan, marks the second public meeting on the topic in as many days, airing the grievances of the opposing oil and corn constituencies President Donald Trump has been working to win over ahead…
US House Panel Passes Bill to Repeal Oil Export Ban
A U.S. House of Representatives subcommittee passed a bill on Thursday to repeal the U.S. ban on oil exports, providing momentum in the chamber for overturning the 40-year old trade restriction. The House Energy and Power subcommittee passed the bill by a voice count. The legislation, sponsored by Republican Representative Joe Barton of Texas, is expected to be voted on by the full Energy and Commerce committee next week. Passage by the full panel would set it up for a wider vote by the Republican-led House, where it is expected to pass. The measure, however, still faces an uphill battle in the U.S. Senate.
Train Lobby Pushes to Weaken Safety Rule
Billionaire investor Warren Buffett is set to be a chief beneficiary of a bid by Senate Republicans to weaken new regulations to improve train safety in the $2.8 billion crude-by-rail industry, a key cog in the development of the vast North American shale oil fields. A series of oil train accidents, including the July 2013 explosion of a train carrying crude in Lac-Megantic, Quebec, that killed 47 people, led U.S. and Canadian regulators to announce sweeping safety rules in May. Among other things, U.S. oil trains are required to install new electronically controlled pneumatic (ECP) brakes.
Joe Barton: Lift Oil Export Ban
A senior U.S. Congressman from Texas has come out in full support of the United States lifting the 40-year old ban on crude oil exports, putting him at odds with fellow House Republicans wary of weighing in on the controversial issue. Rep. Joe Barton, who until now has maintained a relatively neutral public stance on a topic that has divided Republican members of the House energy and commerce committee, told Reuters in a statement that the time was right for the United States to overhaul its long-standing restrictions on exporting crude oil. "The shale revolution has changed the energy landscape in our country.
Ukraine Crisis New Rallying Point for U.S. Energy Export Backers
Supporters of U.S. energy exports have pounced on the crisis in Ukraine to press their case for faster approvals of liquid natural gas (LNG) projects and for an end to a decades-long ban on exports of most U.S. crude oil. LNG supplies from the United States could help some Western European countries react to any Russian aggression in coming years, but the added transportation costs could make the fuel too expensive for others in Central Europe who are likely to remain dependent on their neighbors, energy experts said.
Legislation Aimed at Reducing TWIC Red Tape
Bill Would Reform Enrollment Process in Flawed TWIC Program. U.S. Senator Kelly Ayotte (R-NH) introduced legislation today that would reform the burdensome enrollment process of the Department of Homeland Security’s Transportation Worker Identification Card (TWIC) program, which provides biometric identification cards to mariners and other transportation workers in order to allow them unescorted access to secure areas of ports, vessels, and other maritime facilities. Under current rules, merchant mariners, port employees…
Port Security Legislation Reinforces Security
Like so many areas of our economy since the terrorist attacks of September 11, the port and maritime areas of the United States are being scrutinized for vulnerability to terrorism. Catastrophic scenarios are all too easy to imagine, and the threats can come from so many directions. To illustrate the complexity of the maritime law enforcement challenge, the Coast Guard Commandant, Admiral James M. "Imagine for a moment the information requirements associated with a hypothetical 6,000 TEU flag-of-convenience container…
