Energy & Utilities Maritime

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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

The Well Control Final Rule Is Here, Finally

Action Item: The recently published Well Control Rule will require significant changes to Blow-Out Preventer (“BOP”) systems and well operations. Stakeholders in offshore oil and gas operations should carefully evaluate the...more

Update on Kenya and Somalia’s Maritime Dispute: Implications for Energy Companies

Somalia has brought its long-simmering maritime dispute with Kenya to the International Court of Justice (the “ICJ”). The ICJ’s treatment of the case will have important repercussions not only for Somalia and Kenya (and...more

Australian Competition & Regulation Update for Port & Rail Infrastructure Operators and Users

In this update we touch on recent events in the competition and regulation space of relevance to port and rail infrastructure owners and access seekers, being: a recent decision of the Australian Competition...more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its final rule on occupational exposure to respirable crystalline silica. U.S. Secretary of Labor Thomas E....more

Maritime GHG emissions: The Paris Agreement, an IMO MRV and ‘market-based measures’ – looking forward to MEPC 69

Tackling greenhouse gas emissions (GHGs) from international shipping: as the Marine Environmental Protection Committee (MEPC) of the International Maritime Organisation (IMO) gears up for its 69th meeting in London starting...more

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

OCSLA Choice of Law Provision is Paramount

This week The United States Fifth Circuit Court of Appeals in Petrobras America, Inc., et al. v. Vicinay Cadenas, S.A., No. 14-20589 (03/07/16) addressed in further detail whether the choice of law provision under the Outer...more

Offshore Supply Vessel Market Turnaround May Be In Sight, But You Need a Long Telescope to See It

I attended an excellent conference on March 3, 2016, put on by WorkBoat® exploring the “OSV Capital Outlook for 2016 and Beyond”. The conference featured a diverse and highly experienced panel of speakers including investment...more

“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

Critical Habitat for Right Whales Expanded

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

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

White House Completes Review of Wastewater Barge Pre-Rule

The Obama administration has completed its review of the Coast Guard’s pre-rule on the bulk transport of wastewater from hydraulic fracturing operations. The pre-rule itself has not been released, but its title (“Carriage of...more

United States Lifts Certain Sanctions Against Iran, With Limited Impact on U.S. Companies

The United States suspended certain “secondary sanctions” against Iran that apply to non-U.S. companies for transactions that take place outside of the United States and do not involve U.S. persons on “Implementation Day,”...more

D.C. Appeals Court: Coast Guard May Impose Non-Financial Conditions for Departure Clearance in “Magic Pipe” Case

In Watervale Marine Co. v. U.S. Dep’t of Homeland Sec., the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court ruling allowing the Secretary of the Department of Homeland Security –...more

New Orleans WHD to Aggressively Investigate Oilfield, Maritime Employers

The United States Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (“FLSA”). That authority includes the power to investigate employers, their customers and payroll practices. ...more

LNG Bunkering in Asia: Fueling a Promising Future?

I. Introduction - Today, the LNG bunkering market is significantly growing due to stricter environmental regulations across the globe and in spite of the depressed oil price. Particularly in Asia, LNG bunkering has...more

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