On Wednesday, April 16, Secretary of the Interior Doug Burgum directed the Bureau of Ocean Energy Management (BOEM) to order Equinor to “stop work” on its 812 megawatt Empire Wind 1 project just outside of New York Harbor....more
On January 6, President Biden announced an executive action affecting offshore drilling prior to the end of his term. Biden has issued a decree that will “permanently ban” new offshore oil and gas development in large...more
The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated...more
U.S. District Court for the Eastern District of Louisiana - Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness....more
A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more
In Santee v. Oceaneering International, Inc., the Fifth Circuit determined that a technician for Remote Operated Vehicles (ROVs) on a drill ship, was not a seaman covered by the Jones Act but that his exclusive remedy for an...more
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more
The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more
Without a doubt, one of the strongest arguments supporting the buildout of the U.S. offshore wind industry is the enormous potential for the creation of brand new, high paying jobs. Precisely which jobs should take priority,...more
On October 18, 2022, the U.S. Bureau of Ocean Energy Management (BOEM) made available the Final Sale Notice (FSN) for the Morro Bay and Humboldt Wind Energy Areas (WEAs) offshore of California. The FSN was published in the...more
In a ruling having major implications for the offshore wind industry, the Federal District Court of Massachusetts held in May 2022 that patent law applies to wind turbines attached to the seabed within 200 nautical miles of...more
On July 1, 2022,1 the Bureau of Ocean Energy Management (“BOEM”) released its Proposed Program for the U.S. Department of the Interior’s (“DOI”) National Outer Continental Shelf (“OCS”) Oil and Gas Leasing Program (“National...more
The U.S. Department of the Interior on July 1, 2022, released its long-awaited update on the next Outer Continental Shelf (OCS) five-year proposed offshore drilling program (Program), a day after the previous program expired....more
In the wake of a recent landmark decision by a federal appellate court in regard to where climate change lawsuits should be litigated, the U.S. Court of Appeals for the Fourth Circuit has provided further guidance as to how...more
The end of February was a very exciting time for the offshore wind power space. In the three-day New York Bight auction conducted by the Bureau of Ocean Energy Management (“BOEM”) beginning on February 23, six companies...more
On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more
On November 15th, President Biden signed the Infrastructure Investment and Jobs Act (“the Law”) into law. The historic infrastructure plan includes the single largest investment to address climate change in U.S. history. The...more
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15,...more
In the first week of his presidency, President Biden, by Executive Order, set a goal of doubling offshore wind by 2030—an ambitious goal to help put the United States on a path to meet its commitments under the Paris Climate...more
As reported in the last edition of The Climate Report, Alabama, Alaska, Arkansas, Louisiana, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia (collectively, "Plaintiff States") filed...more
This week, the Ninth Circuit resolves a split among trial courts about the application of California labor laws on drilling platforms on the Outer Continental Shelf. IAFETA MAUIA V. PETROCHEM INSULATION, INC. The...more
First Quarter of Biden Presidency Impactful for Energy Industry - On January 27, 2021, President Biden signed Executive Order 14008 ("E.O. 14008"), implementing a temporary pause on the auction of new oil and gas leases...more
As the offshore wind industry is growing in the United States, there is an influx of vessels that are considering operating on the U.S. outer continental shelf (“OCS”), both foreign- and U.S.-flag Jones Act-qualified vessels....more
Key Points - CBP recently ruled that the Jones Act applies to the transportation of merchandise from a U.S. port to locations on the OCS used for developing and producing wind energy, following Congressional amendments to...more
On Friday, the Principal Deputy Solicitor at the Department of Interior issued a memorandum on how DOI should balance the criteria in the Outer Continental Shelf Lands Act in issuing leases for offshore wind. The new...more