News & Analysis as of

Outer Continental Shelf

Energy Hearings This Week

by Kelley Drye & Warren LLP on

House Ways and Means Committee markup of H.R.1, the “Tax Cuts and Jobs Act.” Date: Monday, Nov. 6, Noon - Place: 1100 Longworth Bldg....more

Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations

On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District...more

The Fifth Circuit Restricts BSEE's Enforcement Authority Over Offshore Contractors in the Gulf of Mexico

On Wednesday, September 27, the US Court of Appeals for the Fifth Circuit issued an important decision in United States vs. Moss, No. 16-30561 that limits the authority of the federal government to bring enforcement actions...more

The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

by Liskow & Lewis on

In the aftermath of a 2012 platform explosion in the Gulf of Mexico in which three workers were killed, the Department of Justice ultimately indicted the contractors who supervised the work (along with the lease holder, Black...more

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

by Baker Donelson on

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

Court Holds OCSLA Regulations Do Not Apply to Offshore Contractors, Subcontractors or Service Providers in Criminal Enforcement...

On September 27, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited opinion in the case of U.S. v. Moss, et al. The Fifth Circuit affirmed the District Court’s ruling that the Outer Continental Shelf...more

Legal Considerations for Establishing Operations in the United States (Pennsylvania)

by Pepper Hamilton LLP on

I. Introduction – Business and Legal Climate in the United States. The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete...more

Energy Insider Interview Series: Questions for Independent Petroleum Association of America President and CEO Barry Russell

1. IPAA has long advocated for smart and responsible oil and gas development and remained at the forefront of the discussions shaping policy and regulations affecting the industry. What’s your take on the first six months of...more

Deepwater Wind proposes offshore wind, battery storage for MA RFP

by PretiFlaherty on

Massachusetts energy regulators are reviewing bids to supply clean energy from new sources -- including a combined offshore wind and energy storage project proposed by developer Deepwater Wind. Rhode Island-based Deepwater...more

US conditionally approves Arctic offshore oil exploration

by PretiFlaherty on

The U.S. Bureau of Ocean Energy Management has conditionally approved an oil and gas company's plan to drill four exploration wells into the federal submerged lands of the Beaufort Sea in the U.S. Arctic. On July 12, 2017,...more

New Regulator, New Rules: The OGA’s Decommissioning Costs Estimates for the UKCS

A recent report on decommissioning provides up-to-date predictions for the future costs of dismantling infrastructure in the United Kingdom Continental Shelf. It is the first financial estimate by the Oil & Gas Authority...more

US considers Arctic offshore oil exploration

by PretiFlaherty on

U.S. regulators are evaluating an application by a company seeking to explore for oil in the Arctic. On June 12, the federal Bureau of Ocean Energy Management or BOEM announced that it had deemed Eni US Operating Co.'s...more

U.S. Customs and Border Protection Withdraws Proposed Changes to Jones Act Rulings

In a move hailed as a win for international offshore marine contractors and oil companies operating in the Gulf of Mexico and decried as a setback for domestic shipping interests, the U.S. Customs and Border Protection...more

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

Executive Order Charts New Path For Offshore Energy Development

by Beveridge & Diamond PC on

On April 28, 2017, the Trump administration issued an Executive Order entitled “Implementing an America-First Offshore Energy Strategy.” This EO calls for expanded oil and gas leasing in areas of the U.S. Outer Continental...more

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

Avangrid Wins Latest BOEM Auction for Offshore North Carolina Lease and Moves Towards Full Commercial Lease

by K&L Gates LLP on

Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned...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

Developers Submit Unsolicited Requests for Wind Leases Offshore Massachusetts and New York

by K&L Gates LLP on

On March 10, 2017, the U.S. Department of Interior’s Bureau of Ocean Energy Management (BOEM) posted four unsolicited applications for wind project leases on the Outer Continental Shelf. PNE Wind U.S.A., Inc. has filed three...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

SEMS and SMS

by Baker Donelson on

Following on this week’s series regarding the new batch of four USCG-BSEE MOUs, this post will discuss the fourth, concerning safety systems. Perhaps one of the most confounding and critical areas of overlap between the...more

Incident Notification & Investigations

by Baker Donelson on

Following on this week’s series regarding the new batch of four USCG-BSEE MOUs, this post will discuss the third, concerning incident reporting. Hand in glove with the civil penalties and SEMS/SMS MOUs (the latter to be...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

“One Gulf, One Standard” Evolves – USCG and BSEE Sign Four New MOUs in Efforts to Clarify Their Regulatory Roles on the OCS

by Baker Donelson on

For the past few years, this blog has attempted to chart the fraught and developing regulatory overlap between the United States Coast Guard (USCG) and Bureau of Environmental Enforcement (BSEE) in the fallout from the...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

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