From “Magic Pipes” to “Magic Fuel”? Enforcement of New MARPOL Annex VI Lower Sulphur Requirements
Published: May 01, 2013
A recent article by U.S. based maritime criminal attorney Michael Chalos of Chalos O’Connor LLP draws several comparisons between the U.S. prosecution of oily water separator, or “magic pipe” cases and the predicted enforcement of new air emissions standards that are impacting the shipping industry. The short piece, entitled Will “Magic Fuel” be the Next “Magic Pipe”? Alaskan Federal Emissions Control Area Lawsuit Raises Questions About Industry Exposure Under New Rules, discusses the new low sulphur fuel requirements of MARPOL Annex VI.
Although the article discusses the highly technical new air standards in general terms, it is one of the first to examine the comparative legal framework for the new rules and regulations under the U.S. Act to Prevent Pollution From Ships (commonly referred to as "APPS"). The article therefore offers a fresh and unique perspective on what appears to be growing resistance to the new requirements by state governments and industry groups, epitomized by State of Alaska v. Clinton et al. In this ongoing lawsuit in U.S. federal court, the State of Alaska, joined by cruise ship industry group representatives, is challenging the U.S. federal government's implementation and enforcement of the new MARPOL Annex VI requirements in the expansive waters off the coast of Alaska. As the article indicates, these new rules, and the way they will be enforced, will impact on almost all oceangoing ships that visit the U.S. and their interests.
The article is available to view and download below with kind permission of Chalos O’Connor LLP
