A New Front in Shipping's Climate War: The Federal Maritime Commission

Maritime attorneys Sean Pribyl and Michael Amy co-authored an article for gCaptain recapping Federal Maritime Commission (FMC) Chairman Laura DiBella's participation in a global maritime summit and analyzing what her comments signal for U.S. maritime policy. Chairman DiBella joined the U.S. delegation to the International Maritime Organization's (IMO) 84th Marine Environment Protection Committee (MEPC 84) session in London, which, as the authors explain, marked an unprecedented entrance by the FMC into climate negotiations, given the commission traditionally focuses on international ocean transportation and environmental matters have been the bailiwick of the U.S. Coast Guard and U.S. Department of State. She subsequently issued statements saying she attended the event to reinforce U.S. opposition to a proposed net-zero framework and invoked FMC authority under 46 U.S.C. §§ 42101-42109 to address "conditions unfavorable to shipping in the foreign trade of the United States." In their article, Mr. Pribyl and Mr. Amy break down these statutory provisions before going to describe the implications of the FMC's involvement at MEPC 84 for future maritime regulatory enforcement. They list potential investigation triggers, detail ways for vessel owners and operators, shippers and cargo owners to protect business interests, and outline how to respond if the FMC opens an investigation into an organization. The piece provides a helpful snapshot of where U.S. maritime regulatory policy stands now and how industry participants can successfully chart a course that aligns with change.

READ: A New Front in Shipping's Climate War: The Federal Maritime Commission