SMA’s Post

🇳🇿 ⚖️ In this blog post, our rapporteur Sam Bookman summarizes the Smith v. Fonterra case as it relates to the Supreme Court of New Zealand's approach to public nuisance, as well as the barriers the case faces ahead:

What impact will the SCOTUS Chevron deference decision have on the the trade community? As Customs brokers we are bombarded daily with new regulations from Customs and PGA’s. This ruling, I am hoping, will be a net positive. Many regulations are written as a knee jerk reaction to events. Going forward, congress will have to be directly involved in writing regulations rather than the agencies themselves. This means the process will be inherently slower. And that’s a good thing. I’m looking forward to see how it plays out. https://lnkd.in/guh99SqN

Enforcement of maritime law and the role of the IMO in ocean governance.

The overturning of Chevron is the biggest administrative law development in decades and will have a huge impact on all administrative agencies and their regulations. #FDA #InternationalTrade #FTC #RegulatoryPolicy #AdministrativeLaw

Antofagasta Terminal Internacional (ATI) is contesting a $960 million fine imposed by the Environmental Superintendent (SMA) in Chile. The dispute revolves around environmental compliance issues related to copper concentrate shipments and street cleaning near the port. ATI argues that the sanctions are unwarranted, citing discrepancies in interpretation and enforcement timelines. They assert that the SMA misinterpreted regulations and failed to consider ATI’s obligations as a concessionaire within the Antofagasta port. Additionally, ATI claims that the street cleaning was completed within 30 days of a Supreme Court ruling and should have been demanded earlier if deemed urgent. The fine stems from a 2015 inspection during the first year of ATI’s copper concentrate project, where excess shipments and delayed cleaning prompted the penalty. This case highlights the significance of port operations in Chile’s economic and environmental landscape, underscoring the need for clear regulatory oversight and adherence to environmental standards.

As we celebrate World Maritime Day, it's essential to recognise the vital role that maritime law plays in shaping a safe, secure, and sustainable shipping industry. This year's theme, "Navigating the Future: Safety First," emphasises the need for technological innovation while maintaining our commitment to the marine environment. This year marks the 50th anniversary of the 1975 SOLAS Convention, the key treaty governing maritime safety. Our legal insights explores: 🚢 The role of the International Maritime Organization (IMO) in regulating maritime safety and environmental protection. 🚢 Key legal frameworks guiding the industry, including treaties like SOLAS and MARPOL. 🚢 Emerging challenges and opportunities in maritime law, from autonomous vessels to climate change litigation. Dive into our insights and join the conversation on how we can shape a safer, greener future for shipping! #oraclesolicitors #worldmaritimeday #maritimelaw #legalinsights #legaladvice #legalservices #sustainability #SOLAS #MARPOL #IMO

On September 27, two shipping companies, Prive Overseas Marine LLC and Prive Shipping Denizcilik Ticaret, were sentenced in federal court in New Orleans to a $2 million criminal penalty and four years of probation for conspiracy, obstruction of justice, and violating the Act to Prevent Pollution from Ships (APPS). Key Points: - The charges stem from illegal discharge of oil-contaminated waste from the motor tanker P/S Dream in January 2023. - The Captain, Abdurrahman Korkmaz, received an eight-month prison sentence for his role in the illegal discharge and for obstructing the U.S. Coast Guard’s investigation. - The companies falsified oil records to hide the discharge, which was revealed by whistleblowing crew members who provided evidence to the Coast Guard. - As part of the penalty, $500,000 will fund maritime environmental projects in the Eastern District of Louisiana. - The companies must follow an environmental compliance plan as part of their probation, including audits and inspections over the next four years. This case highlights the importance of environmental accountability in the maritime industry. For more updates on environmental law and compliance, unlock cutting-edge legal intelligence with our subscription free platform — join us today. Visit https://lnkd.in/gZmkUPim to know more. #EnvironmentalCompliance #MaritimeLaw #OilPollution #USCoastGuard #EnvironmentalCrimes #ShippingIndustry #GRI #MARPOL

Climate change and tort law in New Zealand - Smith v Fonterra Cooperative Group Limited & Ors [2024] NZSC 5   Today, after a 3 day hearing in August 2022, the Supreme Court released their decision in Smith. This decision is notable as it begins to wrestle with issues relating to climate change damage and whether it can fit within the framework of private tort law actions. In our latest insight, Senior Associate Megan Gall provides a useful summary of the issues considered and explores the key findings of this case. Click the link below to read the full article. #supremecourt #tortlaw https://lnkd.in/gfzHUSzx

⏯️ The latest edition of European Food and Feed Law Review is out! Check our Belgian contribution on maximum levels for #vitamins and #minerals in #foodsupplements 👉 with Floriane Delbaere DALDEWOLF Lexxion Publisher

For all the private enforcement enthusiasts out there, check out our recent article, co-authored with Cleary associate Riccardo Molè, on “Case C-25/21 Repsol Comercial de Productos Petrolìferos: The European Court of Justice Clarifies the Role of Final Decisions of National Competition Authorities in Follow-On Actions,” published in the European Competition and Regulatory Law Review. Read it here (subscription required): https://ow.ly/BAmS50SvhaL #Antitrust #CompetitionLaw #ECJ