Environmental Energy & Utilities Maritime

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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

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

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

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

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

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

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

“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

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

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

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

U.S. Coast Guard Issues Final Rule Raising OPA 90 Liability Limits

Action Item: The U.S. Coast Guard published a Final Rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the Oil Pollution Act of 1990 (“OPA 90”). The raise in liability limits also...more

MARAD Issues Final Policy on Licensing Offshore Oil and LNG Export Facilities

The Maritime Administration (MARAD) issued its final policy on May 7, 2015, regarding the review and processing of applications for the export of oil and natural gas from offshore deepwater port facilities under the Deepwater...more

Dispersants...Will We Ever Be Able to Use Them Again?

On January 22, 2015, the Environmental Protection Agency (EPA) published a Proposed Rule on dispersants. The Proposed Rule drastically changes the EPA’s approach to dispersants and could imperil proven and effective means of...more

BSEE and DOI Take Action on Five-Year Anniversary of Deepwater Horizon

Action Item: BSEE has proposed significant changes to BOP systems and well operations in light of the five-year anniversary of the Deepwater Horizon incident. Stakeholders in offshore oil and gas operations should carefully...more

Coast Guard Proposes to Revise LNG Deepwater Port Regulations - Changes Would Affect Regulations Governing LNG Imports and Exports...

On April 9, 2015, the U.S. Coast Guard issued a Notice of Proposed Rulemaking (NPRM) in the Federal Register seeking public comments on a proposed overhaul of its existing regulations implementing the Deepwater Port Act of...more

“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

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

Navy objects to Maryland offshore wind project

An offshore wind energy project proposed off the Maryland coast has drawn opposition from the U.S. Department of Defense over fears that the project would disrupt the nearby Patuxent River Naval Air Station's radar...more

MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural...more

Energy Newsletter - October 2014

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS

Offshore exploration in the Gulf of Mexico implicates maritime law, federal law, and the different laws of five coastal states. The manner in which these different substantive laws interact is often a critical, but unclear,...more

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