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4 SandBar 1 (2005-2006)

handle is hein.journals/sndbr4 and id is 1 raw text is: Legal Reporter for the National Sea Grant College Program Volume 4:1, April 2005 Supreme Court Declares Super Scoop a Vessel Stewart v. Dutra Constr. Co., 125 S. Ct. 1118 (2005). Elizabeth Mills, 2L, University of Mississippi School of Law On February 22, 2005, the United States Supreme Court reversed the First Circuit Court of Appeals holding that the Super Scoop, a dredge used during the Boston Big Dig, qualified as a vessel for purpos- es of federal law. Background As a part of Boston's Central Artery/Tunnel Project, also known as the Big Dig, the Super Scoop dug the 50 foot deep, 100 foot wide, three-quarter mile long trench underneath the Boston Harbor for the Ted Williams Tunnel. At the time, Dutra Construction Company owned the Super Scoop, the world's largest dredge, which consists of a huge floating platform with a clamshell bucket hanging below the water. The bucket takes sediment off of the ocean floor and deposits it on scows floating beside it. The Super Scoop is similar to traditional seagoing vessels because it has a captain and crew, navigation- al lights, ballast tanks, and a crew dining area. However, it differs from traditional seagoing vessels because it has limited self-propulsion. The Super Scoop uses its anchors and cables to move short dis- tances, but it uses a tugboat to move long distances. Willard Stewart, a marine engineer, was seriously injured while working on the Super Scoop during the harbor dredging project. Stewart's accident occurred when the Super Scoop was idle due to engine problems with Scow No. 4, one of the vessels receiving the dredged materials. Stewart was feeding wire beside a hatch on Scow No. 4 when the Super Scoop moved the See Super Scoop, page 18 Wind Farm Survives Another Challenge Alliance to Protect Nantucket Sound, Inc. v. U.S. Dept. of the Army, 398 F3d 105 (2005). Jeffery Schiffman, 2L, Cleveland-Marshall College of Law (Cleveland State University) In February, the First Circuit Court of Appeals affirmed the U.S. Army Corps of Engineers' decision to permit the construction of an offshore data tower, the first phase of a controversial wind farm project off the coast of Massachusetts. Alliance to Protect Nantucket Sound, a vocal opponent of the wind farm, challenged the Corps' issuance of a navigabili- ty permit to Cape Wind Associates. The U.S. District Court for the District of Massachusetts granted sum- mary judgment in favor of the Corps and Cape Wind in September of 2003.1 Background On November 20, 2001, Cape Wind Associates applied to the U.S. Army Corps of Engineers for a navigability permit under Section 10 of the Rivers and Harbors Act of 1899. Cape Wind wanted to con- struct and operate an offshore data tower in the Horseshoe Shoals area of Nantucket Sound. The Horseshoe Shoals are located on the Outer Continental Shelf (OCS), which is subject to federal jurisdiction under the Outer Continental Shelf Lands Act (OCSLA). The proposed tower would be 170 feet high and anchored to the ocean floor using three steel piles. The purpose of the tower would be to gather information for use in a feasibility study for a wind energy plant on Horseshoe Shoals. (There was a separate application also submitted in See Wind Farm, page 14

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