jonathan k waldron

- An Effective Shield from Criminal Prosecution Maritime Reporter, Mar 2000 #14
The maritime community has increasingly become the target of Department of Justice (DOJ) and state prosecution efforts to pursue criminal sanctions against corporations and senior management involved in maritime transportation incidents. Though many of the prosecutorial efforts involve egregious cases, some involve incidents that were previously treated as accidents. DOJ recently announced that federal enforcement actions involving environmental issues rose by almost 50 percent from 1996 to 1997. Criminal enforcement efforts often focus on highly visible companies for the maximum deterrent effect and greatest public impact.

Because of aggressive federal and state efforts targeting environmental crimes, and the severe risks and consequences of criminal prosecution, it is time for each and every company to take a hard look at their corporate environmental compliance programs. It is simply too late after an incident occurs.

Vessel owners and operators must meet a myriad of domestic and international requirements, including the International Safety Management (ISM) Code with requirements addressing environmental protection. Compliance with these requirements alone will not adequately "shield" owners and operators from prosecution. Shipowners and operators must ensure that an effective and comprehensive environmental compliance program is in place. This is crucial because the DOJ affords a company with an effective compliance program favorable consideration in criminal actions. Thus, effective environmental compliance programs must be established and smoothly running prior to an incident. But, what constitutes an effective compliance program?

Unfortunately, there is no universally accepted single standard. For example, the U.S. Sentencing Guidelines for Organizations, often referred to as the standard for determining whether a company has an effective compliance program, specifically exclude environmental crimes from its fine calculation provisions. In fact, guidelines and policies relating to environmental crimes and compliance programs are set forth in various agency documents addressing both environmental crimes and compliance programs. The five most prominent documents are as follows: DOJ Policy Statement of July 1, 1991: Contains certain environmental compliance program factors that DOJ prosecutors should consider in making decisions on criminal prosecutions for environmental violations.

• EPA Policy Statement of December 22, 1995: Encourages regulated entities to voluntarily discover, disclose, and correct violations of environmental laws, including guidance on six elements demonstrating an effective compliance program.

• Draft U.S. Sentencing Guidelines for Environmental Crimes: Sets forth seven fundamental elements that must be satisfied for a company to be granted mitigation for its commitment to environmental compliance — submitted to the Sentencing Commission in 1993 but not adopted to date.

• U.S. Sentencing Guidelines for Organizations: Defines a compliance program as one demonstrating that a company exercised "due diligence" in seeking to prevent and detect criminal conduct and requires that an organization meet seven compliance program related elements.

• Unpublished DOJ Memorandum of June 16, 1999: Details seven factors for federal prosecutors to consider in deciding whether to pursue criminal charges including whether an environmental compliance program is adequately designed for maximum effectiveness in preventing and detecting wrongdoing and whether management is enforcing the program or tacitly encouraging or pressuring employees to engage in misconduct to achieve business objectives.

The guidance notes that prosecuting a corporation is no substitute for prosecuting individuals.

At first glance a shipowner or operator appears to be facing a daunting task in determining the environmental compliance model to ensure that prosecutors will conclude that a company has established an effective environmental compliance program. Frankly, though challenging, the vagaries in determining an effective environmental compliance program can be used to the advantage of a company. It provides a company with great flexibility in developing and maintaining and effective program if it can be demonstrated that a carefully developed and executed program has been tailored and implemented to meet the practical needs of a company based on applicable guidelines. Moreover, it provides defense counsel with the opportunity to be creative in negotiations with prosecutors due to the uncertainty in applying the various guidelines.

In summary, the establishment of an effective maritime environmental compliance program is crucial to the continued success of companies engaged in marine transportation. A company should analyze the common elements of the various environmental compliance guidelines as discussed above and com- pare them against its compliance program.

First, an assessment of which elements are most commonly found in the compliance guidance documents should be completed. Second, the company should then modify its environmental compliance program as appropriately modeled after the common compliance elements found in the agency guidance.

In short, a compliance program developed in this manner will best shield or help deflect prosecutorial actions by demonstrating that a thoughtful, effective, and practical program has been developed and implemented based on applicable guidelines. The future will belong to those who plan for it.

Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, Washington, D.C.
- Will Congress Pass Any Maritime Legislation in 2014? Maritime Reporter, Nov 2014 #26
leaders of the Senate want to push it. There is a good chance we will be stating the oft-used phrase, “Let’s try again next year.” The Author Jonathan K. Waldron, partner at Blank Rome, concentrates his practice in maritime, international, and environmental law, including maritime security. Mr. Waldron
- Dispersants ... Will we ever be able to use them again? Maritime Reporter, Apr 2015 #24
of the industry ensure that their voices are heard by submitting comments to EPA by the April 22, 2015 deadline if it is not extended. The Authors Jonathan K. Waldron is Chair of Blank Rome’s Maritime, International Trade, and Government Contracts practice and counsels clients on regulatory, environmental
- Regulatory Crewing Challenges for Offshore Wind Vessels Maritime Reporter, Jul 2019 #14
vessel crewing to ensure conflicting interpretations do not impede the development of this promising new offshore wind industry. About the AuthorJonathan K. Waldron is a partner in the Blank Rome's Washington, D.C., office who concentrates his practice in maritime, international and environmental
- Development of Security Legislation and Regulation Affecting Passenger Vessels Maritime Reporter, Feb 2002 #10
on the marine industry for decades to come. Company personnel should be given enhanced training and advice on how to cope in this new environment. Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, P.C., a Washington, D.C. -based law firm. Susan L. Watson is an associate with the firm

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February 2024 - Marine News page: 42
Named Director at The Northwest Seaport Alliance has Menoyo Courtney Port of Baltimore named Jeff Bellerud as chief operating of? cer. Jonathan Daniels has been named ex- ecutive director of the Maryland Depart- Cribley Returns to C-I ment of Transportation’s Maryland Port Edison Chouest
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October 2023 - Marine News page: 35
some of these vessels are going to be operating outside of the normal parameters, but I think that’s just something we’re going to have to accept.” – Jonathan Lints, Clarksons Clarksons Many of these vessels simply aren’t So, what’s going to happen? “We order to bring ourselves up to speed, present in
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September 2023 - Maritime Reporter and Engineering News page: 43
Industrial Service Solutions, The Shearer Group and Ingram to balance the need for domestic content with ZE goals at ports. Industries. Zeeboat CEO Jonathan Braun says the availability Red Hook Container Terminals is based in New Jersey. Its of grant money, such as EPA’s clean ports initiative, is critical
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August 2023 - Marine News page: 44
to the approval of the IMO Assembly. velopment, U.S. East. McDonald Elected ABS President Mack Boring Promotes Henkin John McDonald was elected president Jonathan “Jon” Henkin has been pro- of ABS at its board meeting on July 18. moted to the role of chief operating of- Doyle Dumont McDonald, who has served
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January 2023 - Maritime Reporter and Engineering News page: 12
to be a tem and is commercially available. For the ships that already Hybrid AM system. have the Haas CNC system, it’s possible to add the Meltio Jonathan Hopkins, who leads the additive manufacturing system and Phillips integration to existing the CNS tooling to team at NSWC Carderock Division, said
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July 2022 - Marine News page: 29
Feature Batteries Battery Innovation Center safety he sees the need to develop batteries in which ? res Jonathan Angelo is Advanced Battery and explosions from “thermal runaway” can’t happen, or Manufacturing Engineer and Education Coordinator the odds are drastically lowered. Newer designs will
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September 2021 - Marine News page: 42
left by R. Mercury EMEA; Brad Zoelle has Keith Michel, who retired on June 30, been promoted to General Manager, Steady Grönborg APAC Region; and Jonathan Levine after nine years of service. was named General Manager, Mercury Canada. Marty Bass will be moving Savage Rejoins BMT BMT has hired Catriona
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April 2021 - Maritime Reporter and Engineering News page: 56
Joins Gulf Copper Board zation of group portfolio to intensify Gulf Copper and Manufacturing Cor- the growth of maritime services and poration appointed Jonathan Whit- renewable energy and decarbonization. worth as a member to its Board of “Our strategy is very clear, we will Directors. Whitworth holds an
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April 2021 - Marine News page: 41
Alabama Copper Board Gulf Copper and Manufacturing Fairbanks Morse State Port Authority Beth Ann Frisher joined the Ala- Corporation has appointed Jonathan Names Clark COO Engines manufacturer Fairbanks bama State Port Authority senior Whitworth as a member of its board Morse has named Michael Clark
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January 2021 - Maritime Reporter and Engineering News page: 40
left un- along with having that information in- checked, can rapidly escalate in cost correct,” said Waldstein. and complexity. The Oxalis.io solution, Jonathan Malanche is the founder and born to serve the U.S. Navy, is designed leader of Oxalis.io, a company head- to make the process more ef? cient. “So
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September 2020 - Marine News page: 51
appropria- tions or authorization process. On the appro- priations front, over the last two years Congress has adjusted the cost-share for Chickamauga © Jonathan / Adobe Stock Lock to ensure that all four top priority naviga- tion construction projects could receive ef? cient funding. Unfortunately, no business
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June 2020 - Marine News page: 57
transferred Towage operator Svitzer appointed Daniels to Lead Port Everglades command of Sector Upper Mississippi Kasper Friis Nilaus, VP and current Jonathan Daniels will be the new Chief to Capt. Richard M. Scott. Managing Director (MD) of Svitzer Executive & Port Director at Port Ever- Capt. John Reed
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April 2020 - Maritime Reporter and Engineering News page: 54
in their present roles on the 2020. At the same time, current Finance team, joined by Hirofumi Takano and Taira Director for Hempel Middle East Jonathan Narisawa as Executive Vice President. Mercer will take over Pernille Lind Olsen’s Koichi Fujiwara has been appointed as position as Group Vice
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April 2020 - Maritime Reporter and Engineering News page: 17
sel to perform special operations that U.S. citizens could not perform. However, the Coast Guard updated its Marine Safety Manual (MSM) in 2017 discussing its interpretation of the term “seaman.” Under this policy guidance, the term “seaman” is interpreted broadly by the Coast Guard to mean any
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April 2020 - Maritime Reporter and Engineering News page: 4
Authors MARITIME REPORTER AND ENGINEERING NEWS M A R i N E l i N K . C o M ISSN-0025-3448 USPS-016-750 No. 4 Vol. 82 Bondareff Bryant Ewing Goldberg Maritime Reporter/Engineering News (iSSN # 0025-3448) is published monthly (twelve issues) by Maritime Activity Reports, inc., 118 East 25th St., New York
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December 2019 - Marine News page: 52
Barrie as to the Thrustmaster team as the Ex- McCarthy Building Companies has Head of Sales Americas ecutive Vice President for Business hired Jonathan Schmaltz as Busi- Danfoss Drives has named Ian Bar- Development of Dynamic Position- ness Development Director for the rie as its new Head of Sales
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July 2019 - Marine Technology Reporter page: 73
QPS Inc. Zeist, The Netherlands MDs: Jonathan Beaudoin & Almar Hollaar No. of Employees: 70 https://qps.nl/ For more than 25 years, Quality Positioning Services oil and gas, offshore wind farms, and the dredging industry. (QPS) have been experts in maritime geomatics software Services include on-site
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July 2019 - Marine Technology Reporter page: 39
Fischer Connectors Saint-Prex, Switzerland, CEO: Jonathan BROSSARD No. of Employees: 550 worldwide www.? scherconnectors.com Fischer Connectors Fischer Connector products can be found in multiple ap- The Tech plications, from ROVs for deep sea inspection, communica- Technology offering divided into
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July 2019 - Maritime Reporter and Engineering News page: 14
L LEGAL BEAT: OFFSHORE WIND Jonathan K. Waldron Jon Waldron is a partner in Blank Rome LLP’s Washington, D.C., of? ce who concentrates his practice in maritime, international and environmental law, including maritime security. He served in the U.S. Coast Guard for 20 years, attaining the rank of commander
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July 2019 - Maritime Reporter and Engineering News page: 4
MARITIME Authors & Contributors REPORTER AND ENGINEERING NEWS M A R I N E L I N K . C O M ISSN-0025-3448 USPS-016-750 No. 7 Vol. 81 DiRenzo Ewing Goldberg Booth Bryant Maritime Reporter/Engineering News (ISSN # 0025-3448) is published monthly (twelve issues) by Maritime Activity Reports, Inc., 118 East
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January 2019 - Marine Technology Reporter page: 58
. “Fugro has been an technology needs of the Blue Econo- the midst of a technological revolution early supporter in this regard, advocat- my,” said Jonathan Heastie, OiA ‘19 as we move toward using more auton- ing on behalf of the Seabed 2030 project Exhibition Director, “and who wishes to omy in ocean
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November 2018 - Marine Technology Reporter page: 16
Jonathan Heastie, Reed Exhibitions oices rine pollution and environmental stressors and the tools and give to OI visitors to come out to the San Diego event? techniques needed to address and mitigate these challenges; In simple terms, we’re delivering the world’s ? agship event plus, at the time of
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November 2018 - Marine Technology Reporter page: 14
Jonathan Heastie, Reed Exhibitions oices Like London, the most popular topics and technologies will in- clude Unmanned Vehicles, Vessels and Robotics, Ocean Observation and Sensing technologies and Hy- drography, Geophysics and Geo- technics. We’re also reprising our “Catch the Next Wave” program from
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November 2018 - Marine Technology Reporter page: 12
Jonathan Heastie, Reed Exhibitions oices What do you consider to be your best ‘lessons learned’ event. Now, that takes time – London’s had 49 years at it! – in the wake of the ? rst OI NA in San Diego? but we aim grow our attendance for San Diego 2019 by an ex- I would like more attendees to come… and

Jonathan K Waldron