The assistant attorney general of the US Department of Justice’s (DoJ’s) Environmental and Natural Resources Division (ENRD) on Thursday officially announced plans to step down following a tour of duty that lasted nearly five years.
Ignacia Moreno, who was nominated for
the post in 2009 by Barack Obama and confirmed by a unanimous vote in the US
Senate the same year, says she plans to depart on 7 June but did
not indicate where she is going or who will be crowned as her successor.
The news has captured the attention of several maritime attorneys as Moreno heads the unit that prosecutes marine pollution cases but many don’t believe it will have a significant impact on the DoJ’s stance on violations related to oil record books and oily water separators.
During Moreno’s tenure the ENRD secured more than $29bn in what it calls “corrective measures”, prosecuted more than 192 criminal cases against 358 defendants and secure nearly $256m worth of criminal fines, which includes those imposed against shipping companies.
“The division’s enforcement efforts have achieved significant reductions in emission and discharges of harmful pollutants from the nation’s air, land and water,” the department added in a statement Thursday.
One industry observer said they are curious about whether Moreno’s replacement will take a hard line not only on so-called “magic pipe” cases but also those involving sulphur limits that apply to fuel used on ships transiting the North American emissions control area (ECA).
While only three ships have been detained for failing to comply with amendments to Marpol Annex VI, which were adopted last summer, many fear the crackdown will intensify if the US Coast Guard, DoJ and Environmental Protection Agency (EPA) finds cases where non-compliance was deliberate.
“Assuming there is a bona fide way for the DoJ to prove the failure to comply was intentional conduct I am sure this will be the next big thing for the USCG to shake down foreign shipowners and operators,” George Chalos of US law firm Chalos & Co told TradeWinds in a recent interview.
At a conference in Eurpoe last month Jeffrey Lantz, the director of commercial regulations and standards for the US Coast Guard, said his organsiation has the power to refer emissions cases to the DoJ but stressed that it’s not the preferred method of encouraging compliance.
"It is much better to be non-compliant and admit it than to try and hide it," he said before warning that those who attempt to conceal violations would indeed be subject to criminal fines similar to those applied in magic pipe cases.
Lantz encouraged those that are unable to obtain low sulphur fuel prior to passing through the North American ECA to file a fuel oil non-availability report with the EPA. He noted that none of the more than 700 ships that have filed reports thus far have faced prosecution or penalties.
Aside from the high cost of fuel, tougher emissions standards are among the many reasons that shipowners are embracing technologies and vessel designs that improve fuel-efficiency and other environmentally conscious sources of power like LNG.
In its most recent annual report Greek bulker, tanker and rig operator DryShips, like many owners, warned that more stringent requirements for emissions from marine diesel engines could lead to significant capital expenditures and an uptick in operations costs in the years ahead.
The news has captured the attention of several maritime attorneys as Moreno heads the unit that prosecutes marine pollution cases but many don’t believe it will have a significant impact on the DoJ’s stance on violations related to oil record books and oily water separators.
During Moreno’s tenure the ENRD secured more than $29bn in what it calls “corrective measures”, prosecuted more than 192 criminal cases against 358 defendants and secure nearly $256m worth of criminal fines, which includes those imposed against shipping companies.
“The division’s enforcement efforts have achieved significant reductions in emission and discharges of harmful pollutants from the nation’s air, land and water,” the department added in a statement Thursday.
One industry observer said they are curious about whether Moreno’s replacement will take a hard line not only on so-called “magic pipe” cases but also those involving sulphur limits that apply to fuel used on ships transiting the North American emissions control area (ECA).
While only three ships have been detained for failing to comply with amendments to Marpol Annex VI, which were adopted last summer, many fear the crackdown will intensify if the US Coast Guard, DoJ and Environmental Protection Agency (EPA) finds cases where non-compliance was deliberate.
“Assuming there is a bona fide way for the DoJ to prove the failure to comply was intentional conduct I am sure this will be the next big thing for the USCG to shake down foreign shipowners and operators,” George Chalos of US law firm Chalos & Co told TradeWinds in a recent interview.
At a conference in Eurpoe last month Jeffrey Lantz, the director of commercial regulations and standards for the US Coast Guard, said his organsiation has the power to refer emissions cases to the DoJ but stressed that it’s not the preferred method of encouraging compliance.
"It is much better to be non-compliant and admit it than to try and hide it," he said before warning that those who attempt to conceal violations would indeed be subject to criminal fines similar to those applied in magic pipe cases.
Lantz encouraged those that are unable to obtain low sulphur fuel prior to passing through the North American ECA to file a fuel oil non-availability report with the EPA. He noted that none of the more than 700 ships that have filed reports thus far have faced prosecution or penalties.
Aside from the high cost of fuel, tougher emissions standards are among the many reasons that shipowners are embracing technologies and vessel designs that improve fuel-efficiency and other environmentally conscious sources of power like LNG.
In its most recent annual report Greek bulker, tanker and rig operator DryShips, like many owners, warned that more stringent requirements for emissions from marine diesel engines could lead to significant capital expenditures and an uptick in operations costs in the years ahead.
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http://www.tradewindsnews.com/casualties/317002/moreno-departs-doj
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