News & Analysis as of

Offshore Drilling

Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations

On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District...more

The Fifth Circuit Restricts BSEE's Enforcement Authority Over Offshore Contractors in the Gulf of Mexico

On Wednesday, September 27, the US Court of Appeals for the Fifth Circuit issued an important decision in United States vs. Moss, No. 16-30561 that limits the authority of the federal government to bring enforcement actions...more

Court Holds OCSLA Regulations Do Not Apply to Offshore Contractors, Subcontractors or Service Providers in Criminal Enforcement...

On September 27, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited opinion in the case of U.S. v. Moss, et al. The Fifth Circuit affirmed the District Court’s ruling that the Outer Continental Shelf...more

Investment funds enter the North Sea oil and gas market

by DLA Piper on

As the oil and gas market is beginning to recover, new players for example from Asia, Russia or the Middle East, may enter the North Sea....more

EIB Energy Highlights: New FERC Chair, Offshore Drilling-NC Says “No,” Atlantic Coast Pipeline EIS, Clean Air & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

US conditionally approves Arctic offshore oil exploration

by PretiFlaherty on

The U.S. Bureau of Ocean Energy Management has conditionally approved an oil and gas company's plan to drill four exploration wells into the federal submerged lands of the Beaufort Sea in the U.S. Arctic. On July 12, 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

North Sea Decommissioning - The Challenges Ahead

Where are we now? It all sounds simple enough. The dual objectives of the UK government today in relation to petroleum production from the North Sea are to maximise the economic recovery from domestic reserves and, once...more

US considers Arctic offshore oil exploration

by PretiFlaherty on

U.S. regulators are evaluating an application by a company seeking to explore for oil in the Arctic. On June 12, the federal Bureau of Ocean Energy Management or BOEM announced that it had deemed Eni US Operating Co.'s...more

Atlantic Ocean oil development in Canada, U.S.

by PretiFlaherty on

Canadian oil company Husky Energy has announced a decision to develop its West White Rose Project offshore Newfoundland and Labrador. Meanwhile the U.S. National Marine Fisheries Service has proposed authorizing the take of...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

Fifth Circuit To Decide Whether BSEE Can Regulate Contractors Under the Outer Continental Shelf Lands Act

In the wake of the 2010 Deepwater Horizon incident, which involved multiple contractors, the federal government revised its approach to offshore safety and environmental regulation. For the first time, the Bureau of Safety...more

California Environmental Law & Policy Update - May 2017

by Allen Matkins on

Environmental and Policy Focus - EPA, clean energy spared Trump's ax in $1.1 trillion budget deal - Bloomberg - May 1 - Environmental programs marked for termination or deep cuts by President Donald Trump got a...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

California Environmental Law & Policy Update - April 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Trump signs executive order to expand drilling off America’s coasts - Washington Post - Apr 28 - President Trump signed an executive order Friday that aims to expand offshore...more

A Hodgepodge of Action and Thought on Climate Change

by Burr & Forman on

While the Trump Administration has taken steps to dismantle or revise many of the Obama Administration’s actions regarding climate change, there are conflicting opinions within the Administration and key businesses about the...more

Something Borrowed, Something New: An Update on Recent Treasury and State Department Actions: Iran, Russia, Syria and the...

by Hogan Lovells on

While much attention has been focused on the Trump Administration's recent actions targeting imports of metals, lumber, and other commodities, the Administration has also steadily ramped up its activities in the trade...more

Toward Disclosure of Third-Party Litigation Funding in Class Actions

In January 2012, a natural gas-drilling rig exploded off the coast of Nigeria and burned for more than 40 days. Two years later, six Nigerians filed suit in the U.S. District Court for the Northern District of California...more

ARB Adopts GHG Emission Standards for Oil and Gas Facilities; Operators Wary of Costs

by Stoel Rives LLP on

On March 23, 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”). The Methane Regulations impose...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

Brent - Life on the Road Again

2017 will see the start of the process of decommissioning the iconic Brent oil production platforms in the UK sector of the North Sea. The first of the four Brent platforms, Brent Bravo, first started producing oil from the...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

“One Gulf, One Standard” Evolves – USCG and BSEE Sign Four New MOUs in Efforts to Clarify Their Regulatory Roles on the OCS

by Baker Donelson on

For the past few years, this blog has attempted to chart the fraught and developing regulatory overlap between the United States Coast Guard (USCG) and Bureau of Environmental Enforcement (BSEE) in the fallout from the...more

ENI Receives ISO 37001 Certification and ENI CEO Charged with Corruption

by Thomas Fox on

Today’s headline is inspired by two recent notices; the first is from a January 25 ENI Press Release crowing that “Eni is the first Italian company to receive that certification”. The second came from an article in the...more

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