Christopher Hannan

Christopher Hannan

Baker Donelson

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Cabotage Or Sabotage? Controversial Proposal By CBP To Reverse Course On Decades-Old Policy Regarding Foreign Flag Vessels In Gulf...

In a sweeping move that has been widely and vociferously praised by supporters and passionately decried by opponents, the Customs and Border Patrol Agency (CBP) on the second-to-last day of the Obama administration’s tenure,...more

3/17/2017 - Customs and Border Protection Jones Act Offshore Drilling Oil & Gas Outer Continental Shelf Vessels

SEMS and SMS

Following on this week’s series regarding the new batch of four USCG-BSEE MOUs, this post will discuss the fourth, concerning safety systems. Perhaps one of the most confounding and critical areas of overlap between the...more

3/7/2017 - BSEE Memorandum of Understanding Outer Continental Shelf USCG

Incident Notification & Investigations

Following on this week’s series regarding the new batch of four USCG-BSEE MOUs, this post will discuss the third, concerning incident reporting. Hand in glove with the civil penalties and SEMS/SMS MOUs (the latter to be...more

3/6/2017 - BSEE Memorandum of Understanding Offshore Drilling Outer Continental Shelf USCG

Oil Discharge Planning, Preparedness and Response (“PPP MOU”)

Following on this week’s series regarding the new batch of four USCG-BSEE MOUs, this post will discuss the second, concerning oil spill planning, preparedness and response. The second of the January 17, 2017 MOUs...more

3/3/2017 - BSEE Memorandum of Understanding Oil & Gas Oil Spills Outer Continental Shelf

“One Gulf, One Standard” Evolves – USCG and BSEE Sign Four New MOUs in Efforts to Clarify Their Regulatory Roles on the OCS

For the past few years, this blog has attempted to chart the fraught and developing regulatory overlap between the United States Coast Guard (USCG) and Bureau of Environmental Enforcement (BSEE) in the fallout from the...more

3/2/2017 - BSEE Memorandum of Understanding Offshore Drilling Outer Continental Shelf USCG

“Mighty Difference Between a Living Thump and a Dead Thump” – BSEE’s “Universal Thump” Invalidated; District Court Holds that BSEE...

In a dramatic reversal of a prior and equally dramatic, watershed administrative decision of the Interior Bureau of Land Appeals (IBLA) upholding the Bureau of Safety and Environmental Enforcement’s (BSEE) regulatory...more

12/30/2016 - BSEE Department of the Interior Offshore Drilling Outer Continental Shelf

Maritime Cybersecurity Inland and Offshore – Avoiding “Paid Spies and Secret Confidential Agents on the Water of the Devil” and...

The past eighteen to twenty-four months have seen a tectonic shift of focus (as well as a plethora of industry-generated white papers) by virtually every governmental regulatory entity, NGO, and industry group in the maritime...more

12/14/2016 - Coast Guard Cyber Attacks Cyber Crimes Cybersecurity Data Security Hackers Maritime Transport Risk Management Shipping Vessels

Maritime Collateral Source Rule Clarified By Fifth Circuit

In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more

11/30/2016 - Collateral Source Rule Damages LHWCA Medical Expenses

Petronius To Petrobras – Fifth Circuit Reaffirms Test For Ocsla Versus Maritime Tort Jurisdiction

In 2006, the Fifth Circuit issued a landmark controversial opinion in Texaco Exploration & Production, Inc. v. AmClyde Engineered Products Co., 448 F.3d 760, 770 (5th Cir.) amended on reh’g, 453 F.3d 652 (5th Cir. 2006). The...more

3/17/2016 - Economic Loss Doctrine Energy Sector Federal Admiralty Law Jurisdiction Offshore Drilling Oil & Gas Outer Continental Shelf Petrobras Summary Judgment

“A Look Ahead To 2016” – The Coast Guard Charts Its Course For The Coming Year

The United States Coast Guard Rear Admiral Paul Thomas recently penned an article for the Marine News magazine, February 2016 edition, highlighting the Coast Guard’s “priorities” for 2016. The article is available at the...more

3/4/2016 - Coast Guard Cybersecurity Environmental Policies Maritime Transport Offshore Companies Regulatory Oversight Risk Management

Going Back To The Well – A Curious Opinion By The Fifth Circuit Resolves District Court Split Regarding Application Of The...

As previously reported on Striding the Quarterdeck, district courts within the federal Fifth Circuit had split over recent years as to whether the Texas and Louisiana Oilfield Anti-Indemnity Acts (TOAIA, Tex. Civ. Prac. &...more

3/2/2016 - Anti-Indemnification Statutes Crude Oil Offshore Drilling Oil & Gas Outer Continental Shelf Service Contracts

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction...

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction Over Offshore Contractors The classification of the constituents of a chaos, nothing less is...more

12/3/2015 - Bureau of Safety and Envirnonmental Enforcement Enforcement Authority Federal Contractors Halliburton Offshore Drilling Outer Continental Shelf Transocean

“One Shelf, One Standard” Continues to Evolve – USCG Issues Final Rule Regarding Electrical Equipment in Hazardous Locations

The United States Coast Guard (“USCG”), continuing its “One Shelf, One Standard” approach to regulating the Outer Continental Shelf (“OCS”) recently issued a Final Rule enacting new regulations governing electrical equipment...more

4/8/2015

Mind The P’s and Q’s (And Bast?) Of DP – USCG And BSEE Issue Joint Safety Alert Regarding Dynamically Positioned Offshore Supply...

Continuing their post-Macondo/Deepwater Horizon symbiotic approach to regulating the offshore oil industry, the United States Coast Guard (USCG) and Bureau of Safety and Environmental Enforcement (BSEE) issued a joint Safety...more

3/10/2015 - BSEE Coast Guard Offshore Drilling Oil & Gas Risk Alert Vessels

Avast! – Tankermen Held To Be Seamen Exempt From FLSA Overtime Pay Requirements

In a much and long anticipated ruling, the Fifth Circuit in Coffin v. Blessey Marine Services, Inc., No. 13-20144 (5th Cir. Nov. 13, 2014), has held as a matter of law that vessel-based tankermen (specially...more

11/17/2014 - Employer Liability Issues FLSA Oil & Gas Seamen Unpaid Overtime Wage and Hour

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

9/29/2014 - En Banc Review Jones Act Punitive Damages

The OSV Regs Cometh

As previously reported here, the offshore industry has been anxiously awaiting new United States Coast Guard (USCG) regulations for large offshore supply vessels (OSVs) in the wake of the 2010 Coast Guard Authorization Act...more

8/21/2014 - Coast Guard New Regulations Vessels

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

7/2/2014 - BP Compensation Standards Longshoremen Oil Spills

Recent Supreme Court Cases Change (Or At Least Reset) The Game For Personal Jurisdiction

In two recent decisions with critical implications for maritime practitioners and litigants in particular, the United States Supreme Court has re-written the script for determining the existence of personal jurisdiction over...more

4/29/2014 - DaimlerAG Personal Jurisdiction SCOTUS Trucking Industry

District Court Extends Fifth Circuit’s Naquin Decision to Barge Cleaning/Repair Employee

As previously reported (regarding the Naquin decision), the Fifth Circuit recently expanded the scope of Jones Act seaman status to include a shipyard worker who spent 70% of his time working aboard vessels (usually moored to...more

4/14/2014 - Employee Rights Fraud Jones Act Shipyard Industry Wage and Hour

Hercules and the Lernaean Hydra: The Hercules Removal Jurisprudence Sprouts Yet Another Head

In yet another twist in the tortured labors of the Hercules jurisprudence regarding removal of general maritime law claims under 28 U.S.C. §1441(a), the Eastern District of Louisiana has generated a new, divergent “head” on...more

4/14/2014 - Asbestos Complex Litigation Employer Liability Issues Insurance Industry Jones Act Negligence Outer Continental Shelf

Eastern District of Louisiana Rules that Factual Portions of Incident Report by Bureau of Safety and Environmental Enforcement...

In the new world of shared regulatory oversight between the United States Coast Guard (USCG) and BSEE on the Outer Continental Shelf (OCS), a mundane devil-in-the-details – but nonetheless vitally important question – had...more

4/7/2014 - Admissibility Bureau of Safety and Envirnonmental Enforcement Coast Guard Inadmissible Evidence Investigations Outer Continental Shelf USCG

All That Floats is Not A Boat: Eastern District of Louisiana Jettisons Fifth Circuit’s Holmes Decision, Rules That Quarter Barge...

The three men in the tub will no longer have recourse to the federal courts’ admiralty jurisdiction, at least not in the Eastern District of Louisiana. In Martin v. Fab-Con, Inc., 2014 WL 1246073 (E.D. La. Mar. 24, 2014) – a...more

4/4/2014 - Federal Admiralty Law Negligence Vessels

“One Shelf, One Standard”: Coast Guard Musings On The Status And Future Of The Outer Continental Shelf

The United States Coast Guard (USCG) Marine Safety and Security Council issued the winter issue of its quarterly magazine Proceedings: Journal of Safety and Security at Sea in February, providing insights to the long and...more

4/2/2014 - Outer Continental Shelf USCG

28 U.S.C. §1333 - The Shirt of Nessus that May Bring Down Hercules?

As detailed in numerous prior posts (most recently regarding the Coronel decision), a series of decisions allowing removal of general maritime law (GML) claims by seamen, even when combined with otherwise statutorily...more

3/21/2014 - Jones Act Shipyard Industry

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