Government Affairs Brief

Kathryn Clay, president of the International Liquid Terminals Association, today applauded President Trump for highlighting the importance of infrastructure, and particularly energy infrastructure, to America’s economy:

On behalf of the Members of the International Liquid Terminals Association (ILTA) we thank you for your bipartisan leadership in constructing and maintaining America's critical maritime infrastructure. We especially appreciate your bipartisan commitment to provide full utilization of the Harbor Maintenance Trust Fund (HMTF). As Chairwoman Napolitano observed at the April 10 Subcommittee hearing on this issue, "The case for federal investment is simple: we must use what we collect to maintain our ports to ensure and maintain America's global competitiveness." 
 

The International Liquids Terminal Association marked its intention to expand its advocacy efforts on Capitol Hill and beyond with the hiring of two key advocacy staffers. 

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The Waters Advocacy Coalition (“WAC” or “Coalition”) writes to provide comments on the Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) proposed rule to revise the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA” or the “Act”), 84 Fed. Reg. 4154 (Feb. 14, 2019) (the “proposed rule”). WAC appreciates the agencies’ efforts to increase predictability and consistency by clarifying the scope of WOTUS regulated under the Act. In enacting the CWA, Congress exercised its commerce power over navigation and granted EPA and the Corps (together, the “agencies”) specific, limited powers to regulate “navigable waters,” defined in the CWA as “waters of the United States.” For years, the agencies’ regulations and guidance documents have attempted to expand the WOTUS definition beyond its constitutional and statutory limits, and this proposed rule is an important step in re-aligning the WOTUS definition with Congress’s intent for the scope of federal jurisdiction under the Act. The proposed rule gives meaning to the term “navigable” and recognizes that a defining feature of the CWA is to preserve the states’ traditional and primary authority over land and water use, attempting to restore the appropriate balance between state and federal oversight authority in this area.