DO NOT POST: The Erika Judgment – Environmental Liability and Places of Refuge: A Sea Change in Civil and Criminal Responsibility that the Maritime Community Must Heed
Tulane Maritime Law Journal
November 1, 2008
Vincent J. Foley- New York
Christopher R. Nolan- New York
Maritime Partners Christopher Nolan and Vincent Foley co-authored a Tulane Maritime Law Journal article titled, "The Erika Judgment – Environmental Liability and Places of Refuge: A Sea Change in Civil and Criminal Responsibility that the Maritime Community Must Heed."
The safety chain concept is widely recognized throughout the maritime industry. All entities along the chain must work together in order to prevent casualties resulting in loss of life, loss of property, and debilitating environmental harm. If one of the links in the chain fails, such as the shipowner, the operator and manager, the classification society, the vessel's flag state, the port state, or the insurance underwriter, one of the other links in the chain may theoretically catch the error and be able to correct it. But when multiple links in the chain are weakened, or rusted, or break all at the same time, a "perfect storm" of misfeasance, nonfeasance, and even malfeasance in connection with one vessel can result in enormous far-reaching damage and liability. And, it did—with the ERIKA in December 1999.
This article examines the legal issues underlying the Erika decision from a civil and criminal liability standpoint and examines applicable U.S. law with respect to these issues. It also examines the reasonableness of the Erika court's extension of liability beyond the shipowner to both the vessel's classification society and the oil company charterer in the context of statutes and cases concerning marine-based oil spills in the United States. Finally, the article considers place-of-refuge issues addressed by the Erika decision and application of this place-of-refuge analysis in the context of applicable guidelines, international conventions, and U.S. law. To view the full article, please visit the link below.
READ: The Erika Judgment – Environmental Liability and Places of Refuge: A Sea Change in Civil and Criminal Responsibility that the Maritime Community Must Heed
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