Environmental Energy & Utilities Maritime

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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

Oil and Water – How the Galveston Oil Spill Proved The Two Don’t Mix

The Galveston Bay oil spill occurred, coincidentally, on the 25th anniversary of Exxon Valdez oil spill in Prince William Sound, Alaska. The Exxon Valdez oil spill is now considered to be one of the worst environmental...more

BOEM Releases Final Programmatic Environmental Impact Survey For Offshore Atlantic Geological and Geophysical Activity

On February 27th, the Bureau of Ocean Energy Management, in cooperation with NOAA’s National Marine Fisheries Service (NOAA Fisheries), and pursuant to the National Environmental Policy Act (NEPA), released its final...more

Federal Regulators Reveal Approval of Three New Fracking Projects Off California Shore

On Wednesday, the Bureau of Safety and Environmental Enforcement (BSEE) confirmed that it approved three fracking plans on a platform roughly nine miles off the California shore in the Santa Barbara Channel. The BSEE, which...more

CG Policy on Barging of Produced Water

On October 30, 2013, the United States Coast Guard published a “Proposed Policy Letter: Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk” (“Proposed Policy”) pertaining to the barging of “shale...more

BOEM Gives a Lesson on How Not To Survive NEPA Review

Last week, the Ninth Circuit Court of Appeals agreed with the plaintiffs that the Environmental Impact Statement issued by the Bureau of Ocean Energy Management to support oil and gas leasing in the Chukchi Sea was flawed. ...more

Where's The Fire? Coast Guard Issues Litany Of Proposed Regulations Regarding Fire Protection Systems

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

Coast Guard Issues Proposed Regulations and NVIC Regarding Marine Casualty Reporting on the OCS

In the continuing regulatory response - even more than three years after the fact - to the DEEPWATER HORIZON disaster, the United States Coast Guard (USCG) has led off 2014 with proposed regulations that significantly change...more

California Regulators Examine Offshore Fracking

Regulators from the California Coastal Commission have opened an investigation into hydraulic fracturing after a recent Associated Press report that the practice has occurred offshore for the past two decades....more

NMFS Proposes Critical Habitat Designation for Three Rockfish Species Within The Puget Sound/Georgia Basin

The National Marine Fisheries Service ("NMFS") proposes to designate critical habitat within the Puget Sound/Georgia Basin for three species of rockfish, including the endangered Distinct Population Segments ("DPS") of...more

EU Proposes Further Measures Towards Reducing Greenhouse Gas Emissions from Ships

As a first step towards reducing the marine transport industry’s greenhouse gas emissions, on 28 June 2013 the European Commission (the “Commission”) tabled a draft Regulation to introduce a system of monitoring and...more

BSEE and Coast Guard Sign Memorandum of Agreement for Regulating Mobile Offshore Drilling Units

On June 4, 2013, the U.S. Department of the Interior’s Bureau of Safety and Environmental Enforcement (“BSEE”) and the U.S. Coast Guard signed a Memorandum of Agreement regarding division of lead agency responsibilities...more

Bureau Of Safety And Environmental Enforcement Announces New Rule For Safety And Environmental Management Systems

In an effort to reduce the occurrence of accidents, injuries and spills during oil and gas activities on the Outer Continental Shelf (OCS), the Bureau of Safety and Environmental Enforcement (BSEE) of the U.S. Department of...more

TRANSACTIONAL: Corporate/London: Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves...

Despite the 1982 United Nations Convention of the Law of the Sea (UNCLOS) providing nations with a 200 mile offshore area (an “Exclusive Economic Zone) for exploiting maritime reserves, international waters remain...more

European Union May Adopt More Stringent Sulfur Content Limits for Marine Fuels

On May 23, 2012, the European Union (EU) announced that an agreement in principle (strictly, a "compromise proposal") had been reached by the two arms of the EU legislature (the Council of the EU and the European Parliament)...more

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