News & Analysis as of

Outer Continental Shelf BSEE

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

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

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

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

“Mighty Difference Between a Living Thump and a Dead Thump” – BSEE’s “Universal Thump” Invalidated; District Court Holds that BSEE...

by Baker Donelson on

In a dramatic reversal of a prior and equally dramatic, watershed administrative decision of the Interior Bureau of Land Appeals (IBLA) upholding the Bureau of Safety and Environmental Enforcement’s (BSEE) regulatory...more

Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

by Liskow & Lewis on

In recent years, offshore companies have witnessed a marked uptick in the number of enforcement actions undertaken by the Bureau of Safety and Environmental Enforcement (BSEE). Operators face more BSEE inspections, Incidents...more

Regulating Exploration on the Arctic OCS: Interior Finalizes Rules for Oil and Gas Exploratory Drilling on the Arctic Outer...

by K&L Gates LLP on

On July 7, almost a year and a half after the proposed rules were published, the U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) and Bureau of Safety and Environmental Enforcement (BSEE)...more

Part the Seas: Federal Report Finds Offshore Fracking has No Significant Impact

by Stoel Rives LLP on

On May 27, 2016, the Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) jointly released a Programmatic Environmental Assessment (“PEA”) for well stimulation treatment...more

Upsetting the Outer Continental Shelf Ecosystem through Overbonding

by BakerHostetler on

At a time when the Bureau of Safety and Environmental Enforcement’s (“BSEE”) Well Control Rule has shifted focus away from its sister agency’s regulatory maneuvering, the Bureau of Ocean Energy Management (“BOEM”) is changing...more

No Issuance of Federal Offshore Fracking Permits Until May 2016

by Stoel Rives LLP on

On January 29, 2016, the Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”), agencies within the federal Department of the Interior (“DOI”), agreed to put a temporary...more

Proposed Amendments to Outer Continental Shelf Regulations Clear Up the Meaning of a Safe Drilling Margin

by Baker Donelson on

On April 17, 2015, the Bureau of Safety and Environmental Enforcement (BSEE) published proposed amendments to regulations for offshore well operators in the Outer Continental Shelf (OCS). The proposed amendments address...more

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