News & Analysis as of

Oil & Gas Deepwater Horizon

Adams and Reese LLP

U.S. Department of the Interior Publishes Final Well Control Rule to Help Prevent Offshore Catastrophic Blowouts

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The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and...more

Morgan Lewis - Power & Pipes

GAO Finds Offshore Pipeline Oversight Lacking

On April 19, 2021, eleven years since the Deepwater Horizon explosion, the US Government Accountability Office (GAO) released a report issued to Congress criticizing the Department of Interior’s Bureau of Safety and...more

Gray Reed

Louisiana Operator’s Bad Faith Does Not Preclude Recovery

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Under Louisiana law, does the operator’s bad faith preclude recovery for the non-operator’s breach of a joint operating agreement if the operator caused the non-operator to breach the JOA but did not itself breach?...more

Akin Gump Strauss Hauer & Feld LLP

As Bankruptcy Bells Ring in the Outer Continental Shelf, BSEE May Toll for You

In 2014, we wrote about efforts by the U.S. Department of Interior’s Bureau of Safety and Environmental Enforcement (BSEE) to require less traditional parties to fund the decommissioning of idle oil and gas wells and related...more

Pillsbury - Policyholder Pulse blog

Texas Supreme Court Requires Insurers to Pay Anadarko Full Deepwater Horizon Defense Costs Under CGL “Joint Venture Provision”

The Supreme Court of Texas delivered good news to policyholders insured under a “Joint Venture Provision” endorsement commonly used in the oil and gas industry. In Anadarko Petroleum Corp. v. Houston Casualty Co.—a case...more

King & Spalding

Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in...

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Insurance coverage litigation arising out of the 2010 Deepwater Horizon explosion continues to result in important precedents that will impact energy companies and policyholders with operations in Texas. On January 25, the...more

K&L Gates LLP

Insurance Coverage for Joint Ventures: Texas Supreme Court Rules in Favor of Anadarko in Insurance Coverage Dispute Over Deepwater...

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It has been almost 10 years since an explosion onboard the Deepwater Horizon drilling rig rocked the offshore energy industry. In that time, most of the major (and minor) players involved in the disaster have been forced to...more

Beveridge & Diamond PC

Texas Supreme Court Holds Energy Company Can Recover Substantial Defense Costs Under Insurance Policy Covering Deepwater Horizon...

On January 25, 2019, the Texas Supreme Court ruled that a provision in an insurance policy did not limit coverage for Anadarko’s defense expenses related to the Deepwater Horizon oil spill where the provision only capped...more

Pillsbury Winthrop Shaw Pittman LLP

BSEE Decommission-in-Place Discussions Present Opportunity

The Department of Interior’s Bureau of Safety and Environmental Enforcement is soliciting comments on whether and under what circumstances it should allow decommissioning-in-place of pipeline-related infrastructure in...more

Carlton Fields

In Deepwater Horizon Arbitration, UK Appellate Court Declines to Remove Arbitrator with Multiple Related Appointments

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The underlying case concerned the 2010 explosion and fire on the Deepwater Horizon oil rig in the Gulf of Mexico, when a well which was in the process of being plugged and temporarily abandoned, experienced a blow out....more

K&L Gates LLP

The Eerie Similarities Between The Gulf Spill In 2010 And Hurricane Maria In Puerto Rico 7 Years Later: How the Facts About the...

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The massive public attention focused on the Jones Act in Puerto Rico immediately after Hurricane Maria was eerily analogous to the public spotlight on the law during the Deepwater Horizon oil spill (the “Gulf Spill”) in the...more

Steptoe & Johnson PLLC

First Look - Winter Issue 2018

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This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused...more

Blank Rome LLP

The Courts Strike Down Oilfield Contractor Penalty Liabilities

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On December 18, 2017, the U.S. Court of Appeals for the Fifth Circuit dismissed the U.S. government’s appeal regarding a Bureau of Safety and Environmental Enforcement (“BSEE”) Notification of Incident of Noncompliance...more

Baker Donelson

Fifth Circuit Sounds The Death Knell For BSEE Jurisdiction Over Offshore Contractors

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Since October 2011, when the Bureau of Safety and Environmental Enforcement (BSEE) issued its first-ever Incidents of Non-Compliance (INCs) against offshore contractors (Halliburton and Transocean) in the wake of the...more

Baker Donelson

Scott Angelle Tapped to Take the Helm of BSEE

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Scott Angelle took over as the Director of the U.S. Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) in Washington, D.C., on Tuesday, May 23. Mr. Angelle is well known to the oil and gas...more

Katten Muchin Rosenman LLP

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

Zelle  LLP

The Deepwater Horizon Catastrophe – 7 Years After

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I recently worked with a client on a presentation concerning the Deepwater Horizon disaster – an epic tragedy in 2010 that claimed the lives of 11 men, injured 17 others and poured 4.9 million barrels of oil into the Gulf of...more

Pillsbury - Gravel2Gavel Construction & Real...

Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP)...more

Proskauer - Corporate Defense and Disputes

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Baker Donelson

New Offshore Well Control Regulations Unveiled to Mixed Reviews

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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

WilmerHale

Interior Releases Final Rule for Blowout Prevention Systems and Well Control in Offshore Drilling Operations

WilmerHale on

On April 14, 2016, the Department of the Interior (DOI), through the Bureau of Safety and Environmental Enforcement (BSEE), released a final rule establishing requirements for certain offshore oil and gas drilling,...more

Blank Rome LLP

The Well Control Final Rule Is Here, Finally

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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

Baker Donelson

Deepwater Horizon Update: Fifth Circuit Rules in Favor of Cameron on Insurance Issues

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The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ruling in favor of Cameron International Corporation and certifying a question to the Texas Supreme Court on issues arising out of an insurance...more

Davis Wright Tremaine LLP

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

Butler Snow LLP

BP Reaches Agreement with Gulf States to Pay Historic $18.5 Billion Settlement over Deepwater Horizon

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On July 2, 2015, BP reached an agreement in principle with five Gulf States to settle claims against the company arising from the Deepwater Horizon oil spill in 2010. This marks the largest environmental settlement in...more

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