21 Knots Group’s Post

On November 12, 2024, the U.S. Court of Appeals for the District of Columbia issued an opinion that may reshape how federal agencies implement environmental reviews under the National Environmental Policy Act. The Court issued a 2-1 decision in Marin Audubon Society, et al., v. Federal Aviation Administration, et al., invalidating a plan jointly developed by the Federal Aviation Administration and the National Park Service that regulated tourist flights over national parks due to failure to comply with NEPA. More importantly, the Court sua sponte addressed the White House Council on Environmental Quality’s (“CEQ”) rulemaking authority and ultimately held that the CEQ – an entity within the Executive Office of the President that has overseen NEPA policy and implementation through regulations for over five decades – has no statutory authority under NEPA to promulgate binding regulations. Read more here: https://lnkd.in/dNBSXZjk and connect with members of our Energy & Infrastructure team for additional insight: Lauren Bachtel, Josh Berliner, Vaishali Gaur and Shun Iwamitsu.

80% GHG emissions reduction by 2050 EU Council adopts new law to decarbonize the maritime sector. The sector will be integrated into the Fit for 55 campaign. EUWINA expects a steep increase in the installation rates of battery-electric drives in the medium term, especially for small ships and ferries. Shipping should be able to benefit from technological developments on land. Legislation will be effective by Jan.1, 2025 https://lnkd.in/e3iDUtBX

In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the National Environmental Policy Act (NEPA). The decision calls into question the legal basis for key aspects of NEPA compliance, including the use of categorical exclusions, which have long been central to streamlining environmental reviews. To learn more about this recent ruling, read our latest #LegalAlert authored by Snell & Wilmer attorneys Sean Sherlock and Sukhmani Singh. https://bit.ly/3CKNuk5 #LegalAlert #GovermentRelations #Aviation

A pivotal ruling in Marin Audubon Society v. FAA raises questions about CEQ's authority under NEPA, potentially reshaping environmental review processes. Read Snell & Wilmer's #LegalAlert for more: https://bit.ly/3CKNuk5 #SWProud

*REMINDER* The #mandate of the UNEA resolution 5/14 The intergovernmental negotiating committee have to develop an #international #legally binding instrument on #plasticpollution, including in the #marine #environment, henceforth referred to as “the instrument”, which could include both #binding and #voluntary approaches, based on a comprehensive approach that addresses the full #lifecycle of #plastic, taking into account, among otherthings, the principles of the #Rio Declaration on Environment and Development, as well as #national circumstances and #capabilities.

In our latest issue of Horizons, three LR experts discuss the multitude of factors that are incentivising a proactive approach to hull management, including revised biofouling guidelines, vessel efficiency increases and EU ETS considerations. Read more: https://loom.ly/4BkhaoY #EnergyTransition

Does anyone remember #Trump kicking an #environmentalimpactstatement during his 2016 campaign? I do. He hates being bound by a regulatory framework that doesn’t serve his bottom line. To Trump and his handpicked #SCOTUS judges, NEPA is unnecessary red tape. Even the The New York Times opinion writer and podcaster Ezra Klein called for NEPA reforms to facilitate the buildout of Biden’s #cleanenergy #infrastructure, as financed by the #IRA. Klein likes to think he is especially intelligent, but this stance is especially inane and fails to dissect why NEPA was needed in the first place. If NEPA is limited “by geography and time,” then this means the Supreme Court welcomes arguments that violate basic tenets of #science. As we all know, environmental impact often worsens w time and is almost never strictly limited to the confines of a project. The argument flies in the face of basic laws of physics and chemisty and principles of #ecology. “At issue is the National Environmental Policy Act, a 54-year-old law that protects air, water and land by requiring federal agencies to conduct detailed environmental assessments of major #infrastructure projects. The question before the Supreme Court is whether NEPA requires regulators to consider #environmental impacts “beyond the proximate effects of the action over which the agency has regulatory authority.” #SCOTUS #NEPA

Exciting Developments in Maritime Law: Addressing Climate Change Challenges As our world grapples with the profound impacts of climate change, the maritime industry stands at the forefront of both vulnerability and opportunity. The melting of polar ice caps and rising sea levels are not just environmental concerns; they're also reshaping the landscape of maritime law. As shipping routes shift, coastlines erode, and extreme weather events become more frequent, it's imperative that we reevaluate and strengthen our legal frameworks to address these pressing challenges. 🔍 Key areas for exploration include: 1️⃣ **Sovereignty in the Arctic**: With the opening of new shipping routes in the Arctic, questions of territorial sovereignty and jurisdiction over these waters demand careful consideration. 2️⃣ **Environmental Protection**: Stricter regulations are needed to mitigate the environmental impact of maritime activities, such as oil spills and plastic pollution, while promoting sustainable practices. 3️⃣ **Safety Standards**: As maritime routes evolve, ensuring the safety of vessels and crew members in changing conditions is paramount. 4️⃣ **International Cooperation**: Collaboration among nations is essential to develop comprehensive strategies for climate resilience and adaptation in the maritime sector. By addressing these issues head-on, we can not only safeguard our oceans and coastal communities but also unlock new opportunities for innovation and sustainable growth in the maritime industry. I'm eager to engage with fellow professionals and stakeholders in exploring these dynamic developments and shaping the future of maritime law. Let's navigate these waters together! #MaritimeLaw #ClimateChange #Sustainability #LegalInnovation #ShippingIndustry #EnvironmentalProtection #ArcticShipping #InternationalLaw #Collaboration #LinkedInDiscussion

🌊 MCLaw Services Ltd. is celebrating World Oceans Day 2024 🌊 The ocean is the lifeblood of earth and fundamental to international trade as well as the shipping industries. The day serves to celebrate the oceans and raise vital awareness about sustainable ocean conservation.  As an international law firm specializing in maritime and admiralty law, our mission includes vigorous efforts to protect our oceans from ship-sourced pollution. We actively support initiatives at the International Maritime Organization (IMO) to achieve net-zero greenhouse gas (GHG) emissions by 2050. MCLaw Services Ltd. is dedicated to protecting the oceans from ship-sourced pollution and supporting initiatives like Maritime Emissions Reduction Action Plan (MERNAP), which aims to reduce the carbon intensity of international shipping. The MERNAP will address all aspects of the maritime sector, from port-gate operations to open sea navigation, and will consider the energy supply chain related to the transport of fuels into port sites for use in bunkering.  MCLaw Services Ltd. places a strong emphasis on the implementation of maritime legislation to safeguard the biodiversity of the ocean life and protect the rights of people whose livelihood depend on the ocean. World Oceans Day 2024 is a call for immediate and concerted action. MCLaw Services Ltd. is dedicated to implementing efforts to protect the ocean by leveraging the expertise of the Firm to ensure sustainable practices and legal frameworks towards a better future. #WorldOceansDay #AwakenNewDepths #OceanConservation #ClimateAction #MCLawServicesLtd #SustainableFuture

Shipping and the Environment: A Guide to Environmental Compliance' gives shipping companies and seafarers a comprehensive entry point into the vast range of regulatory and operational considerations designed to reduce shipping’s environmental footprint. This fifth edition builds on the success of the previous edition, 'Shipping and the Environment: A Code of Practice, Fourth Edition', which has sold more than 10,000 copies. Follow the link below to pre-order your copy today. https://lnkd.in/enMcRK2R #Environment #Maritime #ICSPublication