In a rare decision applying the Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.(“OCSLA”), the United States Supreme Court has clarified, re-affirmed and perhaps (given the breadth of its opinion) expanded the...more
6/19/2019
/ Appeals ,
Choice-of-Law ,
Fair Labor Standards Act (FLSA) ,
Federal Enclave Rules ,
Federal Labor Laws ,
Federal v State Law Application ,
Offshore Drilling ,
On-Call Employees ,
Outer Continental Shelf Lands Act ,
Parker Drilling Management Services Ltd v Newton ,
Popular ,
Preemption ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Despite perennial complaints from lower and appellate courts that the Limitation of Liability Act (“LLA,” 46 U.S.C. §§30501 et seq.) is “now hopelessly anachronistic” (Cont’l Oil Co. v. Bonanza Corp., 706 F.2d 1365, 1376 (5th...more
With the eddies still spinning in the wheelwash of its landmark en banc opinion in In Re Larry Doiron, Inc., the Fifth Circuit in In re Crescent Energy Servs., L.L.C., 2018 WL 3420665 (5th Cir. July 13, 2018), — F.3d —, has...more
As previously reported, the Fifth Circuit in September ruled that the Bureau of Safety and Environmental Enforcement (BSEE) has no criminal jurisdiction under its current regulations over offshore contractors (USA v. Moss,...more
The Fifth Circuit en banc (In re Larry Doiron, Inc., 2018 WL 316862, at *7 (5th Cir. Jan. 8, 2018)) has handed down an historic re-working of the test for determining whether oilfield contracts are maritime or non-maritime in...more
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
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
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
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
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
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
“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
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
In a 106-page Notice of Proposed Rulemaking issued Monday, January 13, 2014, the United States Coast Guard (USCG) has undertaken a wide-ranging overhaul of the standards for fire protection, detection and extinguishment...more