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88 Tul. L. Rev. 677 (2013-2014)

handle is hein.journals/tulr88 and id is 733 raw text is: TULANE LAW REVIEW VOL. 88 MARCH 2014 No. 4 United States Coast Guard Vessel Regulations and Federal Preemption David E. O'Connell* Frederick J. Kenney, Jr.t In the wake ofrecentjudicial developments surroundig questions offederal preemption ofstate laws, thisArticle seeks to explain and clarify the proper preemption analysis that applies to shippmg and vessel regulations that inpact federal, state, and maritime commerce interests. Each preemption analysis is dffeeni depending on the source of law for the regulation, the natur of the regulation, the class of vessels, and the activity being regulated This Article identifies the key categories and pmvides the fiamewonk for preemption analysis for each. It provides a reference guide to the preemptive chaactenstic ofpromulgated regulations for the benefit of practitioners, mgulators, and marine operators. This Article, however does not provide a comprehensive recitation of the facts and analysis for each case knpactmg United States Coast Guard regulatory efforts. I. INTRODUCTION.......................................... 678 II. HISTORY OF MARITIME FEDERALISM AND PREEMPTION ............680 Q 2014 David E. O'Connell and Frederick J. Kenney, Jr. * Rear Admiral Kenney serves as Judge Advocate General and Chief Counsel of the United States Coast Guard. f Commander O'Connell serves as the Coast Guard liaison to the International Law Department at the United States Naval War College. The origins of this project go back to a white paper coauthored by Admiral Kenney and Alex Weller, formerly of the Coast Guard's Headquarters Office of Maritime & International Law, in the wake of United States v Locke, 529 U.S. 89, 2000 AMC 913 (2000). The authors would like to thank the countless individuals who assisted in the development of this project, including Kristen (Connie) Gutierrez-Conroy, a legal intern at the United States Coast Guard Office of Maritime & International Law who was a key research and editorial assistant on the Article. The views expressed in this Article are those of the authors in their personal capacities and do not necessarily represent those of the United States Coast Guard or the United States government. 677

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