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Energy & Utilities Maritime

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

DHS Approves Waiver of the Jones Act for Puerto Rico

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke on Sept. 28, 2017, approved a waiver of the Jones Act in response to the severe impact Hurricanes Irma and Maria have had on Puerto Rico. The U.S. Department of Homeland...more

DHS: Final Decision Has Not Been Made on Jones Act Waiver for Puerto Rico

by Holland & Knight LLP on

The U.S. Department of Homeland Security (DHS) on Sept. 27, 2017, said that it has not formally denied a Jones Act waiver for Puerto Rico requested on Sept. 25 by Rep. Nydia Velázquez (D-N.Y.) and seven other members of the...more

U.S. Dodges OPA Claim But Must Defend Against Insurer’s Negligence Claims

On September 15, the U.S. Court of Appeals for the First Circuit released a significant Oil Pollution Act (OPA) ruling. The case is Ironshore Specialty Insurance Company v. U.S., et al. The Court of Appeals affirmed the...more

DHS Extends Jones Act Waiver to Sept. 22 and Broadens Geographic Area Covered - Customs and Border Protection Issues Q&A...

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more

Harvey's Impact on U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request - Process Cumbersome for Storm-Related Waivers,...

by Holland & Knight LLP on

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more

Vitol SA v Beta Renowable SA

by Reed Smith on

The High Court has handed down Judgment in Vitol SA v Beta Renowable SA [2017] EWHC 1734 (Comm) highlighting the importance of ensuring that communication and conduct for the purpose of accepting repudiatory breach is clear...more

NTSB Publishes Two Rules Governing Agency Investigative Regulations

by Holland & Knight LLP on

The National Transportation Safety Board (NTSB) on June 29, 2017, published a final rule covering 49 C.F.R. 831 subparts A-D and an interim final rule for 49 C.F.R. 831 subpart E, both of which are effective July 31, 2017...more

Is There a Coming Sea Change in the Analysis of whether Energy Services Contracts Are Maritime?

In 1990, the U.S. Fifth Circuit rendered its decision in Davis & Sons, Inc. v. Gulf Oil Corp., through which the Court attempted to harmonize the existing state of the law to determine whether a contract to supply a work...more

O.W. Bunker: Some Modest Considerations

by Vedder Price on

Vessels cannot sail without fuel. This industry truth is recognized in contracts and under U.S. maritime law. In fact, enabling ship operators to efficiently obtain fuel is so important that U.S. maritime law purports to...more

Proposed Oil Tanker Moratorium Act—Defining Canada's Pacific Gateway

by Bennett Jones LLP on

On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016, and...more

U.S. Customs and Border Protection Withdraws Proposed Changes to Jones Act Rulings

In a move hailed as a win for international offshore marine contractors and oil companies operating in the Gulf of Mexico and decried as a setback for domestic shipping interests, the U.S. Customs and Border Protection...more

Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

by Thompson Coburn LLP on

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the...more

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

by Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

Hydrocarbons Win One and Lose One in Battles With Crawfish

by Gray Reed & McGraw on

In re: Louisiana Crawfish Producers arises out of the collision between two of Louisiana’s favored enterprises: crawfish and hydrocarbons....more

Maritime and Infrastructure Federal Update - March 2017

by Cozen O'Connor on

Welcome to the Cozen O’Connor Maritime and Infrastructure Federal Update. Through this publication, we aim to keep you informed about many of the federal legislative, regulatory, and administrative developments affecting the...more

History Doesn't Bode Well For New Commercial Cargo Preference Bill

by Holland & Knight LLP on

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of...more

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

by Baker Donelson on

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

Incident Notification & Investigations

by Baker Donelson on

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

New Draft Guidance Issued On Marine District Permits

by Farrell Fritz, P.C. on

One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more

Maritime Cybersecurity Regulation on the Horizon

by King & Spalding on

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and...more

The Limitation of Liability Act of 1851: Recent Court Decisions Highlight Significant Issue for Offshore Energy Industry

by King & Spalding on

In 1912, a vessel owner by the name of White Star Lines invoked a little understood U.S. maritime law to limit its liability arising out of a maritime disaster. In 2010, a vessel owner by the name of Transocean invoked the...more

District Court Reviews Definition of “Gross Negligence” in Oil Pollution Act Reimbursement Action

On December 22, the U.S. District Court for the District of Columbia issued an opinion in Water Quality Insurance Syndicate v. U.S., which reversed the Coast Guard’s National Pollution Funds Center’s (NPFC) finding of gross...more

Offshore Crewing Requirements: Could It Make Things Worse?

by Blank Rome LLP on

It has been years (2009) since I last wrote an article discussing the availability of U.S. citizens to work offshore in support of oil and gas projects during a downturn in the economy. And now, it is even worse. With the...more

Developments in aircraft and marine finance for 2016

by Thompson Coburn LLP on

As is the case with other transportation assets, the legal considerations for aircraft and vessel finance providers (FPs) include an amalgam of state, federal and international laws. Summarized below are some of the more...more

Mainbrace: September 2016 (No. 4)

by Blank Rome LLP on

It’s hard to believe another summer has come and gone. The kids are back in school, the commuter trains are a bit more crowded, and everyone is back from their holidays, hopefully refreshed and ready to get back down to...more

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