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 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
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
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
Federal Law Challenges by State Attorneys General - Attorneys General Challenge “Tax Mandate” Portion of American Rescue Plan - On March 11, 2021, President Joe Biden signed into law the $1.9 trillion “American Rescue Plan...more
The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the...more
In its first offshore wind ruling following amendments to the Outer Continental Shelf Lands Act (OCSLA) under the National Defense Authorization for Fiscal Year 2021 (NDAA), which amended OCSLA to clarify its application to...more
In a ruling dated Jan. 27, 2021, U.S. Customs and Border Protection (CBP) for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the outer continental...more
On January 27, 2021, President Biden issued an executive order — effective immediately — directing the Secretary of the Interior to pause new oil and natural gas leases on federal public lands or offshore waters to the extent...more
The House of Representatives passed legislation, H.R. 4447, the Expanding Access to Sustainable Energy Act of 2019, on September 24, 2020, that included a provision from Representatives Garamendi and Lowenthal (“Amendment...more
Late last week, House Armed Services Committee Chairman Adam Smith, D-Wash., and Ranking Member Mac Thornberry, R-Texas, issued a joint statement announcing that both chambers of Congress have reached agreement on the...more
Stakeholders in offshore wind, particularly vessel operators and project managers, should ignore a recent U.S. Customs and Border Protection (“CBP”) ruling on offshore wind. While there had been buzz about this ruling, CBP...more
The Supreme Court will be deciding some very important regulatory law cases in the new few weeks as the term winds down. CERCLA Circled - Last week, the Court granted a petition to review a significant CERCLA case,...more