New Orleans, LA – Four corporations associated with the M/V Americana have been sentenced following a protracted legal battle concerning deliberate pollution and obstruction of justice. Stanships Inc. (Marshall Islands), Stanships Inc. (New York), Standard Shipping Inc., and Calmore Maritime Ltd. were each sentenced on July 28, 2011, to a $1 million criminal fine and a five-year ban from operating vessels in U.S. waters. The sentencing follows a guilty plea entered on April 12, 2011, to 32 felony counts related to violations of environmental regulations and the falsification of official records.
The investigation, initiated by a vigilant crew member who reported illegal dumping to the U.S. Coast Guard on November 29, 2010, revealed a systematic effort to circumvent pollution control measures. Evidence presented in court detailed the deliberate transfer of sludge and oily waste into fuel tanks, subsequently pumped overboard into the ocean. Furthermore, the companies concealed an unreported leak between ballast and fuel tanks, exacerbating the environmental damage. A distinctive “comet streak” of oil was visibly detected on the ship’s exterior near the discharge valve in December 2010, further corroborating the illegal dumping.
Hazardous Voyage & Concealed Defects
Beyond the pollution violations, the companies were also charged with violating the Ports and Waterways Safety Act. The M/V Americana arrived at Southwest Pass, Louisiana, after a voyage during which the ship had experienced complete power loss for several days. Despite the master’s insistence that repairs were necessary before entering port, a shore-side manager directed him to falsely report to the Coast Guard that two generators were operational. The truth – that all three generators were inoperable, leaving the vessel reliant on tugboats for maneuvering – was concealed, creating a dangerous situation for both the ship and surrounding waters. This deliberate misrepresentation directly compromised maritime safety.
Repeat Offender Status & Prior Penalties
The severity of the sentence was significantly influenced by Stanships Inc.’s history as a repeat offender. In a related case on September 29, 2010, U.S. District Judge Helen G. Berrigan of the Eastern District of Louisiana had ordered Stanships Inc. to implement a comprehensive environmental compliance plan and pay $700,000 in criminal fines and an additional $125,000 in community service payments for similar offenses aboard the M/V Doric Glory. On April 27, 2011, Judge Berrigan revoked Stanships Inc.’s probation and issued a complete ban on the company’s vessels trading in U.S. waters, a measure that underscored the gravity of the ongoing violations.
Legal Ramifications & Government Response
Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, emphasized that the sentencing sends a clear message that deliberate violations of environmental laws will not be tolerated. Jim Letten, U.S. Attorney for the Eastern District of Louisiana, added that the case highlighted the unacceptable risks taken with Louisiana’s ports and waters, as well as the safety of the ship. The prosecution was a collaborative effort involving the U.S. Coast Guard Criminal Investigative Services, the EPA Criminal Investigation Division, and attorneys from the Department of Justice’s Environmental Crimes Section.
Key Facts
- Defendants: Stanships Inc. (Marshall Islands), Stanships Inc. (New York), Standard Shipping Inc., and Calmore Maritime Ltd.
- Crime: Illegal dumping of oil and oily waste, obstruction of justice, and violation of the Ports and Waterways Safety Act.
- Location: U.S. waters, primarily near Louisiana
- Penalties: $1 million criminal fine per corporation, five-year ban on operating vessels in U.S. waters, $250,000 community service payment to the National Fish & Wildlife Fund.
- Laws Violated: Act to Prevent Pollution from Ships, Ports and Waterways Safety Act.
- Repeat Offender: Stanships Inc. had previously been penalized for similar environmental violations.
The investigation and prosecution serve as a stark reminder of the importance of adhering to environmental regulations and maintaining transparency in maritime operations. The consequences for deliberate pollution and the falsification of records are substantial, and repeat offenders will face increasingly stringent penalties. The case also demonstrates the crucial role played by vigilant crew members in uncovering and reporting illegal activities that threaten the health of our oceans and the safety of our waterways.
Source: EPA ECHO Enforcement Case Database
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