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U.S. Government’s Continued Focus on Large Ship Air Emissions

The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more

Energy Newsletter - December 2019

Rekindling the Flame: Oil & Gas Securitizations - A number of recent structurings of investment-grade rated securitizations of oil and gas wells are sparking conversations in the U.S. upstream oil and gas industry about...more

Fifth Circuit Extends Doiron Test For Assigning Maritime-Contract Status To Contracts That Are Not Oilfield Services Contracts

The U.S. Court of Appeals for the Fifth Circuit recently held that its two-question Doiron test for determining whether oilfield services contracts are maritime contracts also applies when evaluating the maritime-contract...more

Energy Newsletter - November 2019

The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas - The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more

The Safe Berth Clause: U.S. Supreme Court to Resolve Key Circuit Split

Does a charterer that agrees to nominate a “safe berth” to load and discharge cargo guarantee the berth’s safety for the vessel? If you are litigating this issue in the U.S. courts within the Second and Third Circuits, the...more

Energy Newsletter - October 2018

Court Faults FERC in its Handling of ANR Storage Company’s Six Year Quest for Authorization to Charge Market-Based Rates for Natural Gas Storage Services - On September 21, 2018, the U.S. Court of Appeals for the District...more

U.S. Fifth Circuit Broadly Defines Vessel “Operator” Under the Oil Pollution Act

There are few questions more important in the context of oil spill liability than who constitutes a Responsible Party under the U.S.’s Oil Pollution Act (OPA). Recently, the U.S. Court of Appeals for the Fifth Circuit in...more

Energy Newsletter - June 2018

Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions - The recent rebound in the international energy industry is being driven, at least in part, by a...more

BSEE Proposes Revisions to 2016 Well Control Rule; Public Comment Period Open Until Early July

On May 11, 2018, the Bureau of Safety and Environmental Enforcement (BSEE) announced proposed revisions to the Oil and Gas and Sulfur Operations in the Outer Continental Shelf ? Blowout Preventer Systems and Well Control Rule...more

BSEE Proposes Revisions to 2016 Well Control Rule

Public Comment Period Open Until Early July - On May 11, 2018, the Bureau of Safety and Environmental Enforcement (BSEE) announced proposed revisions to the Oil and Gas and Sulfur Operations in the Outer Continental Shelf...more

Energy Newsletter - February 2018

Developing an FSRU Project in New Markets: 10 Key Considerations - As at 1 July 2017, the total number of operational floating storage and regasification units (“FSRUs”) globally stood at 26, with 23 operating as terminals...more

Court Issues New Test For Determining Whether An Offshore Oilfield Services Contract Constitutes A Maritime Contract

Maritime laws developed for the blue-water shipping industry have always been an imperfect fit for the offshore oil and gas industry. While both industries face the perils of the sea, what constitutes a vessel and who does a...more

Energy Newsletter - May 2017

Taking the Long View - How Appropriate Foresight Supports the Development and Execution of Large-Cap Construction Projects - Introduction - The arduous, start-to-finish process of developing and constructing a...more

The Texas Supreme Court Opens the Door for More Oilfield Contamination Lawsuits

On April 28, 2017, the Texas Supreme Court held that landowners have a clear path to the courthouse to pursue claims against oil companies for oilfield contamination. Forrest Oil Corp., n/k/a Sabine Oil & Gas v. El Rucio...more

Energy Newsletter - January 2017

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in...more

The Limitation of Liability Act of 1851: Recent Court Decisions Highlight Significant Issue for Offshore Energy Industry

In 1912, a vessel owner by the name of White Star Lines invoked a little understood U.S. maritime law to limit its liability arising out of a maritime disaster. In 2010, a vessel owner by the name of Transocean invoked the...more

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