MARAD Watch: Environmental Initiatives and Deepwater Ports Act in the News

Solar Panels Installed at Maritime Administration Fleet Site & the Maritime Administration’s motion to dismiss suit surrounding Deepwater Ports is granted.

• Green Energy Move is Part of Overall Environmental Initiative

As part of its “Going Green” initiative, the Maritime Administration has installed solar photovoltaic panels at its Beaumont, Texas, National Defense Reserve Fleet site, and will be undertaking similar energy efficiency projects at other agency facilities soon. The installation is part of the agency’s overall Environmental Excellence Initiative, which has included developing Best Management Practices for our fleet sites, agency-wide programs to implement carbon reduction and energy conservation.

The solar photovoltaic system is a 52-panel, 10.4 kilowatt system with an annual production capability of more than 12,000 kilowatt hours. This renewable energy system is projected to prevent emissions of more than 700,000 pounds of carbon dioxide (CO2) in its expected service life of 30 years. The agency plans to continue the Renewable Energy – Green program at its other fleet sites and at its Gateway Offices in Houston, Miami, San Francisco, New York City, New Orleans, St. Louis, Chicago, Long Beach, and Norfolk, and at the U.S. Merchant Marine Academy in Kings Point, New York.

More information and a picture of the Beaumont installation are available on the Maritime Administration web site, www.marad.dot.gov.

• District Judge Recognizes Maritime Administrator's Authority Under Deepwater Ports Act

As a result of the Maritime Administrator’s designation of New Jersey as an adjacent coastal state, pursuant to 33 USC 1508(a)(2), Atlantic Sea Island Group, LLC, (ASIG) a deepwater port applicant, filed suit against the Maritime Administrator and Secretary of Transportation on February 15, 2008. In addition to filing the suit, the plaintiff also sought a preliminary injunction. ASIG alleged that the Maritime Administrator's designation of New Jersey as an "adjacent coastal state" under the Deepwater Ports Act of 1974 as amended, was contrary to law.

The Maritime Administration filed a motion to dismiss the suit on March 17, 2008.

On Dec. 8, 2008, in U.S. District Court for the District of Columbia, Judge Richard W. Roberts granted a summary judgment in favor of the Government and dismissed both ASIG’s suit and its motion for a preliminary injunction.

A complete letter of opinion accompanying the order granting summary judgment recognizes the Administrator's authority to designate adjacent coastal states under the Deepwater Ports Act.

The letter of opinion is available on the U.S. District Court web site at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2008cv0259-46