Recent Developments in Maritime-Related Environmental Regulations and Enforcement

MARPOL is an international environmental treaty between maritime nations that recognize that ships transiting international waters are a significant source of pollution. The individual sections (“annexes”) of MARPOL became active at different times, as each annex received the required number of signatory states. This course, presented by Michael J. Lignos of K&L Gates LLP, focuses on issues relating to Annex I and Annex VI.

The U.S. government (mainly the U.S. Coast Guard, EPA and the Environmental Crimes Section of DOJ) has implemented and enforces MARPOL through the Act to Prevent Pollution from Ships (APPS). APPS fines and consequences are often significant and can impose a considerable financial burden on violators both during the investigation and prosecution phases. Government enforcement as well as the fine amounts in this particular area of the law is on the increase. It is therefore important to be familiar with MARPOL/APPS Annexes I and VI, as well as with the government’s  modus operandi in enforcing the regulations, as well as developments that affect the enforcement “tools” the government has at its disposal.

Learning Objectives:

1. Understand the structure and requirements of MARPOL/APPS, specifically focusing on Annex I and VI Regulations and How Such Regulations are Enforced

2. Review Case Law and Other Developments Affecting Annex I and VI Regulations and the Enforcement “Tools” Used By Governmental Agencies

3. Understand Relevant State Enforcement Actions, Such as Those Brought by the California Air Resources Board

4. Discuss Strategies to Deal with Governmental Investigations and Prosecutions

5. Precautions Clients Should Be Advised to Take to Avoid Violations and Fines