Energy & Utilities Maritime

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

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...

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

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New Draft Guidance Issued On Marine District Permits

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

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

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?

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

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)

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

India: A False Dawn for Foreign OSV Owners

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...more

The New JADE: Energizing Jones Act Enforcement

The U.S. Customs and Border Protection (CBP) recently announced the creation of a new enforcement division in the New Orleans Field Office focused solely on the Jones Act: The National Jones Act Division of Enforcement...more

U.S. Customs Aims to Increase Enforcement of the Jones Act

In what could foretell a significant increase in the enforcement of the coastwise trade provisions of the Jones Act, U.S. Customs and Border Protection (Customs) announced on July 18 the creation of the National Jones Act...more

China Loses Claims to the South China Sea in Landmark Decision

On Tuesday, China received a binding decision from the Permanent Court of Arbitration at The Hague, Netherlands, regarding territorial claims in the South China Sea. The international tribunal ruled unanimously that China’s...more

International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk – IGC Code 2016

This client alert considers some of the recent amendments to the IGC Code with which new-build gas carriers have had to comply from 1 July 2016. These changes to the IGC Code are designed to give more flexibility in gas...more

Focus on Oman: Diplomacy and Dividends

The crucial role of Oman, a sultanate located at the southeastern tip of the Arabian Peninsula, is becoming apparent as the dust settles on the recent Iranian nuclear deal. Oman is adept at balancing relationships in a...more

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization

Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today between governments that share an international (usually maritime) boundary. These...more

New sanctions impose further restrictions on North Korea

The United Nations, the European Union and United States recently expanded sanctions on North Korea, issuing new restrictions which impact the mineral, energy, shipping, banking, finance, and aviation industries. United...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

“A Lot of Ingredients” in This Year’s WRDA

As Congress works to complete a Water Resources Development Act for 2016 (“WRDA 2016”) before the summer Congressional recess, stakeholders with an interest in U.S. Army Corps of Engineers (“USACE”) civil works projects,...more

Maritime greenhouse gas emissions – update on the outcome of MEPC 69

In our March alert on this subject, we looked ahead to the 69th meeting in London of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organisation (IMO) (MEPC 69). MEPC 69 has now taken...more

Effect of Energy Policy Bills on Natural Gas Exports

Legislative Update. On April 20, the U.S. Senate passed broad legislation that covers many different aspects of the energy and environmental sectors, including changes to streamline the approval process for the export of...more

Energy Newsletter - April 2016

Managing In-Project Disputes in Major Construction Projects - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem...more

Canada's east coast (Newfoundland and Labrador) oil and gas update

Call for bids - On April 7, 2016, the Canada-Newfoundland and Labrador Offshore Petroleum Board announced two Calls for Bids for 2016 (the 2016 Bid Round). Call for Bids NL16-CFB01 comprises 13 parcels and a total of...more

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing...more

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