News & Analysis as of

Outer Continental Shelf Oil & Gas

BOEM Seeks Comments on the 2018 Draft Supplemental Environmental Impact Statement Relating to GOM OCS Lease Sale

by Baker Donelson on

On Thursday, March 30, 2017, the U.S. Bureau of Ocean Energy Management (BOEM) announced the availability of the Gulf of Mexico OCS Lease Sale: Draft Supplemental Environmental Impact Statement 2018 (Draft EIS). The Draft EIS...more

Fifth Circuit Dismisses False Claims Act Suit Alleging Violation Of Offshore Regulations

by Liskow & Lewis on

In Abbott v. BP, the plaintiffs alleged that BP had falsely certified to compliance with regulatory requirements pertaining to the engineering of the Atlantis Platform, a semi-submersible floating production facility capable...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

Oil Discharge Planning, Preparedness and Response (“PPP MOU”)

by Baker Donelson on

Following on this week’s series regarding the new batch of four USCG-BSEE MOUs, this post will discuss the second, concerning oil spill planning, preparedness and response. The second of the January 17, 2017 MOUs...more

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

by King & Spalding on

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property...more

Senator John Kennedy’s Letter to President Donald Trump: A First Step in Reviving the Oil & Gas Industry in Louisiana

by Liskow & Lewis on

In December of 2016, Republican John Kennedy won the United States Senate runoff election in Louisiana. On the campaign trail, Senator Kennedy promised to do his part in strengthening the declining oil and gas industry in...more

BOEM Suspends Implementation of New Financial Assurance Requirements

by Baker Donelson on

The Bureau of Ocean Energy Management (BOEM) announced Friday, January 6, that it would suspend the implementation of the new financial assurance requirements relating to decommissioning obligations of lessees’ facilities on...more

California Sues Federal Government Alleging Inadequate Environmental Review of Offshore Drilling Proposal

by Stoel Rives LLP on

In one of her last major legal actions before leaving office as California’s Attorney General, Kamala Harris, along with the California Coastal Commission (jointly the “Attorney General”), filed suit against various federal...more

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

by LeClairRyan on

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming...more

Environmental Groups Sue Federal Agencies Again in Unending Legal Battle Over Offshore Oil Development

by Stoel Rives LLP on

On November 11, 2016, the Environmental Defense Center (“EDC”) and Santa Barbara Channelkeeper jointly filed suit against several federal agencies including the Bureau of Ocean Energy Management and the Bureau of Safety and...more

Offshore Crewing Requirements: Could It Make Things Worse?

by Blank Rome LLP on

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

Russia Moves on the Regulation of its Arctic Continental Shelf Resources

In the course of the meeting held in September 2016 between President Putin and the Russian government, Mr Sergey Donskoy, the Minister for Natural Resources and the Environment, announced that it had been decided to impose a...more

OCSLA Coverage for Land Injuries Has Limits

James Baker, Jr. v. Director, OWCP; Gulf Island Marine Fabricators, LLC, U.S. Fifth Circuit No. 15-60634 (August 19, 2016). In this case the Court of Appeals affirmed the Administrative Law Judge’s (ALJ) determination that...more

Is it a new day for Jones Act enforcement? Maybe. A practical look at coastwise concerns

by DLA Piper on

The Jones Act (46 U.S.C. § 55102) provides that the transportation of merchandise between coastwise US points is prohibited unless performed by vessels that are US-built, owned, and documented. US Customs and Border...more

ONRR Expands Civil Penalty Liability for Federal and Indian Mineral Lessees

by Beveridge & Diamond PC on

The Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) accounts for and collects royalties owed on production from federal and Indian mineral leases onshore and on the Outer Continental Shelf (“OCS”). ...more

BOEM Releases Long Awaited New Financial Assurance Notice to Lessees and Operators

by Liskow & Lewis on

The Bureau of Ocean Energy Management (BOEM) released its long awaited new Notice to Lessees and Operators (NTL) updating the procedures and criteria used to determine when and if additional supplemental financial assurance...more

Regulating Exploration on the Arctic OCS: Interior Finalizes Rules for Oil and Gas Exploratory Drilling on the Arctic Outer...

by K&L Gates LLP on

On July 7, almost a year and a half after the proposed rules were published, the U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) and Bureau of Safety and Environmental Enforcement (BSEE)...more

New Offshore Well Control Regulations Unveiled to Mixed Reviews

by Baker Donelson on

The U.S. Department of the Interior and the Bureau of Safety and Environmental Enforcement announced final well control regulations for offshore drilling last week. The rules will purportedly make offshore drilling safer and...more

Sea Change: New BOEM Proposed Rule Signals Major Shift in How Air Emissions Would Be Regulated in the OCS

by Liskow & Lewis on

In the next few days, the Bureau of Ocean Energy Management (BOEM) will publish in the Federal Register a Proposed Rule that would result in a significant change on how the agency regulates air emissions from oil and gas...more

Petronius To Petrobras – Fifth Circuit Reaffirms Test For Ocsla Versus Maritime Tort Jurisdiction

by Baker Donelson on

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

Interior Secretary Sally Jewell: No Drilling in Atlantic Ocean

by Baker Donelson on

In a major reversal of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program announced by the Obama administration on January 28, 2015, Interior Secretary Sally Jewell announced yesterday that the U.S. government...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

Going Back To The Well – A Curious Opinion By The Fifth Circuit Resolves District Court Split Regarding Application Of The...

by Baker Donelson on

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

BOEM’s “Proposed Guidance” Shakes Up the Agency’s Supplemental Bonding Requirements

by BakerHostetler on

The Bureau of Ocean Energy Management (“BOEM”) has backed away from its proposed rulemaking regarding financial assurance requirements for the Outer Continental Shelf (“OCS”). On August 19, 2014, BOEM published an Advance...more

Auction set for NJ offshore wind sites

by PretiFlaherty on

The U.S. government has scheduled an auction for the rights to lease two areas of federal ocean space off New Jersey for offshore wind energy development. The auction, to be held November 9, 2015, will be the fifth...more

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