Two Senators from California, clearly in the lead in terms of environmental activism, have introduced the Maritime Vessel Emissions Reduction Act (MVERA) - which would stipulate the use of emission reducing technologies on vessels calling at US ports by 2012. By 2010, the legislation will require ships calling at US West Coast ports to use low sulphur fuels when they are within 200 miles of the coastline.

In another legal variant, the State of Michigan in the Great Lakes has unilaterally introduced rules on ballast water exchanges for ships calling at its ports. Shipowners protested unsuccessfully in a US District Court, which upheld the State’s right to impose the tough rules. Pundits who have already suggested that costs of Great Lakes trade outweigh its benefits will now have further ammunition for their fusillades. Meanwhile, Federal legislation dealing with ballast exchanges has been also introduced in Congress back in Washington, DC.

The problem is politicians lack practical maritime business experience, as we are reminded every day on the “maritime security” front. Environmental rules, however well intentioned, will make matters worse for ports, when instituted unilaterally. Where there is no existing Federal law, where IMO treaties have not been ratified, or where the IMO is simply silent on a particular subject, different jurisdictions will fight it out. The current hot potato is gas emissions, today the subject of raucous debate among otherwise august industry bodies asking questions such as “what, exactly, is ‘low sulphur fuel?”. Ballast exchange is all-the-more vexing because the industry is nowhere near to ratifying the relevant IMO treaty.

While such confusion makes for lively times for the maritime media and more sombre regulators, maritime business people, including those from the port community, must get out in front of this mess and take a leadership role in educating the politicians. Convince them to look at broader industry standards rather than parochial political interests.

If cargoes are diverted or ships delayed, then we have all lost something and while environmental bandaids that may not survive court tests a few years on may be a distant memory, financial losses and personnel layoffs are harder to forget.