A New Emphasis on MARPOL is a 2023 World Maritime Theme

• Jurisdiction: United States,Federal
• Law Firm: Riker Danzig LLP
• Subject Matter: Environment, Transport, Energy and Natural Resources, Energy Law, Environmental Law, Oil, Gas & Electricity, Marine/ Shipping
• Author: Holli B. Packer
• Published date: 19 January 2023

An example of its environmental impact closer to home

Maritime shipping emissions account for about 3% of the global carbon dioxide output, roughly the same as aviation and, according to the World Economic Forum, if shipping was a country, it would be the sixth-largest polluting country in the world. In an attempt to combat this impact, the International Maritime Organization ("IMO"), a specialized agency of the United Nations, has set a goal to decarbonize the industry as soon as possible before the end of the century. This priority is exemplified by the IMO's decision to make "MARPOL at 50 - Our Commitment Goes On" its 2023 World Maritime Theme. Under MARPOL the IMO already has begun to adopt measures to reduce emissions of greenhouse gases from international shipping. The 2023 theme can be expected to promote further discussion around the next phase of work to reduce the environmental impacts of shipping.

Although ship decarbonization targets are a relatively new maritime endeavor, the enforcement mechanisms to combat marine pollution are not new. To address marine pollution, nearly 50 years ago, an international conference was held in 1973, which resulted in the creation of the International Convention for the Prevention of Pollution from Ships, known as MARPOL. Later amended by the 1978 Protocol, the two treaties are collectively known today as MARPOL 73/78. The United States' enactment of MARPOL is known as the Act for the Prevention of Pollution from Ships ("APPS").

The United States government has increasingly pursued maritime violations of MARPOL 73/78 and APPS. Depending on the circumstances, civil or criminal actions may be brought against individuals, as well as the corporate entities that own, manage, or operate the vessels that violate environmental requirements. The investigative and prosecutorial methodology is fairly predictable. A potential violation typically starts with an investigation by the United States Coast Guard into the circumstances of any alleged marine pollution. The Coast Guard may refer certain matters to the Environmental Protection Agency (EPA) for enforcement. In the most serious cases involving knowing violations, the Coast Guard may refer the matter to Department of Justice for prosecution under the applicable statute.

MARPOL Enforcement in the Delaware Bay - United States v. Vastardis

A recent example of typical enforcement of MARPOL 73/78 and APPS by the Department of Justice is United States v. Vastardis, No...