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On October 18, 2023, the EPA published a Supplemental Notice of Proposed Rulemaking (“SNPR”) regarding incidental discharges from vessels, proposing national performance standards under the Vessel Incidental Discharge Act (“VIDA”). The VIDA, enacted in December 2018, will standardize incidental discharge permits and regulations, replacing the 2013 Vessel General Permit (“VGP”) that commercial vessels are currently required to follow. The SNPR presents new data on ballast water management systems and solicits public comments on the standards and definitions applicable to ballast tanks, hulls and associated niche areas, and graywater systems. The SNPR responds to comments to the EPA’s proposed VIDA standards in its initial Notice of Proposed Rulemaking from three years ago, bringing VIDA one step closer to full implementation.

Read the full post by Liskow attorneys Nicolette Kraska, Emily von Qualen, and Clare Beinvenu on The Energy Law Blog here.

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Photo of Nicolette Kraska Nicolette Kraska

Nicolette is an associate in the firm’s Maritime, Oilfield, and Insurance practice group based in New Orleans. Her practice covers litigation, contract drafting, and commercial disputes. Nicolette also maintains an active pro bono practice.

Prior to joining the firm, Nicolette served as a

…

Nicolette is an associate in the firm’s Maritime, Oilfield, and Insurance practice group based in New Orleans. Her practice covers litigation, contract drafting, and commercial disputes. Nicolette also maintains an active pro bono practice.

Prior to joining the firm, Nicolette served as a law clerk to the Honorable Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana and the Honorable Jacques L. Wiener of the U.S. Court of Appeals for the Fifth Circuit. Before law school, Nicolette was an economic and damages consultant for Kroll, LLC (formerly Duff & Phelps), providing expert witness services to high-profile clients involved in intellectual property litigation and licensing.

Nicolette received her Juris Doctor from Tulane University School of Law, where she earned the Admiralty and Maritime Law Certificate. Nicolette served as the Senior Articles Editor of the Tulane Law Review, President of the Tulane Maritime Law Society, and Student Attorney in the Civil Rights and Federal Practice Clinic and the Tulane University Legal Assistance Program.

Nicolette hails from the Midwest and grew up boating on Barkley and Kentucky Lakes and the Mississippi and Illinois Rivers. Nicolette earned her boating license at a young age and helped her family crew maintain small and large powerboats. In recent years, Nicolette has spent time on powerboats around Florida’s Gulf Coast.

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Photo of Emily von Qualen Emily von Qualen

Emily is an environmental litigator practicing in the firm’s New Orleans office.

Prior to joining the firm, Emily practiced complex business law in the litigation group at Skadden, Arps, Slate, Meagher & Flom LLP in Houston.  Immediately after law school, she clerked in…

Emily is an environmental litigator practicing in the firm’s New Orleans office.

Prior to joining the firm, Emily practiced complex business law in the litigation group at Skadden, Arps, Slate, Meagher & Flom LLP in Houston.  Immediately after law school, she clerked in the Western District of Louisiana with Judge Minaldi.

Emily received her Juris Doctor from Tulane University Law School in 2016, graduating first in her class.  During law school, she also served as a judicial extern to the Honorable James L. Dennis of the United States Court of Appeals for the Fifth Circuit and the Honorable James Brady of the United States District Court, Middle District of Louisiana.

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Photo of Clare M. Bienvenu Clare M. Bienvenu

Clare Bienvenu is an environmental regulatory and litigation lawyer who has practiced in both Louisiana and California, working with clients across the United States. Clare counsels clients regarding complex environmental regulatory, enforcement, and permitting issues spanning the range of federal and state environmental…

Clare Bienvenu is an environmental regulatory and litigation lawyer who has practiced in both Louisiana and California, working with clients across the United States. Clare counsels clients regarding complex environmental regulatory, enforcement, and permitting issues spanning the range of federal and state environmental laws. Clare additionally facilitates the permitting and regulatory aspects of developing new facilities on behalf of energy, petrochemical, and industrial clients. Her substantive environmental experience includes air permitting, hazardous waste regulation, land remediation, land use regulation, coastal regulation, carbon sequestration projects, and renewable energy projects.

Clare has played a key role in various administrative matters, proceedings, and enforcement actions. She has participated in consent decree negotiations and the termination of consent decrees with the Environmental Protection Agency and the Department of Justice, as well as settlement negotiations with the Louisiana Department of Environmental Quality and the California Air Resources Board. Clare has also represented clients in permitting matters involving the U.S. Army Corps of Engineers and the Louisiana Department of Natural Resources, Office of Coastal Management. She also advises on environmental justice considerations in the context of agency permitting.

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