1. UPDATE ON US LEGAL ISSUES NORTH AMERICAN PANEL MEETING 24 OCTOBER 2006

2. US LEGAL ISSUES MASSACHUSETTS LAWSUIT RHODE ISLAND LAW FOR LNG TANKERS
LAWSUIT ON BALLAST WATER DISCHARGES
CARB AIR EMISSION REGULATIONS

3. MASSACHUSETTS LAWSUIT
JULY 24 COURT ISSUES DECISION THAT MASS OIL SPILL REGULATIONS ARE PRE-EMPTED BY USCG REGULATIONS
SEPTEMBER 7 MASS SUBMITS NOTICE TO APPEAL DECISION TO APPELLATE COURT
MASS APPEAL DUE BY NOVEMBER 16
DOJ AND INDUSTRY COALITION REBUTTAL DUE 30 DAYS LATER
EXCOM – WORK WITH DOJ AND INDUSTRY COALITION TO UPHOLD DISTRICT COURT DECISION

4. RHODE ISLAND LAW FOR LNG TANKERS
JULY 2006 RI PASSES LAW PROHIBITING LNG TANKERS FROM TRANSITING NARRAGANSETT BAY UNLESS CERTAIN NAVIGATION CONDITIONS ARE MET
COAST GUARD EXPRESSED CONCERN TO RI LEGISLATURE THAT LAW IS PRE-EMPTED BY USCG REGULATIONS
CURRENTLY NO LNG TANKERS TRANSIT NARRAGANSETT BAY
EXCOM – MONITOR, ENCOURAGE FEDERAL GOVERNMENT TO PURSUE LEGAL ACTION

5. LAWSUIT ON BALLAST WATER DISCHARGES
SEPTEMBER 18 FEDERAL JUDGE ISSUES ORDER FOR EPA TO REGULATE ALL SHIPS DISCHARGES, INCLUDING BALLAST WATER, UNDER NPDES PERMIT SYSTEM
REGULATIONS TO BE ISSUED BY SEPTEMBER 30, 2008
JUDGE RECOGNIZES USCG AUTHORITY TO REGULATE BALLAST WATER, BUT SAYS CWA ALSO GIVES AUTHORITY TO EPA
EXCOM – WORK WITH EPA AND INDUSTRY COALITION TO DETERMINE NEXT STEP

6. CARB AIR EMISSION REGS
JUNE 2006 INDUSTRY COALITION SUBMITS COMMENTS ON CARB REGULATIONS, INCLUDING THEIR LEGAL AUTHORITY TO ISSUE REGS
AUGUST 2006 CARB ISSUES ADVISORY THAT REGS WILL ENTER INTO FORCE ON JAN 1, 2007
CLEAN AIR ACT GIVES CA AUTHORITY TO ISSUES REGS THAT EXCEED FEDERAL REQUIREMENTS, WEAKENING FEDERAL PRE-EMPTION ISSUE
AUTHORITY TO EXTEND REGS TO 24 MILES IS SERIOUSLY QUESTIONED
EXCOM – PRE-EMPTION IS MAIN ISSUE, MONITOR DEVELOPMENTS AND REPORT TO NEXT SESSION