News & Analysis as of

Outer Continental Shelf Offshore Drilling

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

by Baker Donelson on

The 5th Circuit, in Thomas v. Hercules Offshore Services, L.L.C., concluded per curiam that the Occupational Safety and Health Administration (“OSHA”) safe workplace regulations had been preempted by the United States Coast...more

***UPDATE*** – Fifth Circuit Dismisses Last Remaining Vestige Of The BSEE Contractor Jurisdiction Litigation

by Baker Donelson on

As previously reported, the Fifth Circuit in September ruled that the Bureau of Safety and Environmental Enforcement (BSEE) has no criminal jurisdiction under its current regulations over offshore contractors (USA v. Moss,...more

The Courts Strike Down Oilfield Contractor Penalty Liabilities

by Blank Rome LLP on

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

Trump’s Busy Year on Energy and the Environment

by Kelley Drye & Warren LLP on

During his first year in Washington, President Trump made his mark on energy and environmental issues by issuing executive orders (EOs), proclamations, and presidential memoranda. Seeking to undo regulations enacted during...more

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

by King & Jurgens, L.L.C. on

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

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

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

by King & Jurgens, L.L.C. on

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

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

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

“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

Senator John Kennedy’s Letter to President Donald Trump: A First Step in Reviving the Oil & Gas Industry in Louisiana

by Liskow & Lewis on

In December of 2016, Republican John Kennedy won the United States Senate runoff election in Louisiana. On the campaign trail, Senator Kennedy promised to do his part in strengthening the declining oil and gas industry in...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

Is it a new day for Jones Act enforcement? Maybe. A practical look at coastwise concerns

by DLA Piper on

The Jones Act (46 U.S.C. § 55102) provides that the transportation of merchandise between coastwise US points is prohibited unless performed by vessels that are US-built, owned, and documented. US Customs and Border...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

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

New Offshore Well Control Regulations Unveiled to Mixed Reviews

by Baker Donelson on

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

Petronius To Petrobras – Fifth Circuit Reaffirms Test For Ocsla Versus Maritime Tort Jurisdiction

by Baker Donelson on

In 2006, the Fifth Circuit issued a landmark controversial opinion in Texaco Exploration & Production, Inc. v. AmClyde Engineered Products Co., 448 F.3d 760, 770 (5th Cir.) amended on reh’g, 453 F.3d 652 (5th Cir. 2006). The...more

Interior Secretary Sally Jewell: No Drilling in Atlantic Ocean

by Baker Donelson on

In a major reversal of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program announced by the Obama administration on January 28, 2015, Interior Secretary Sally Jewell announced yesterday that the U.S. government...more

Going Back To The Well – A Curious Opinion By The Fifth Circuit Resolves District Court Split Regarding Application Of The...

by Baker Donelson on

As previously reported on Striding the Quarterdeck, district courts within the federal Fifth Circuit had split over recent years as to whether the Texas and Louisiana Oilfield Anti-Indemnity Acts (TOAIA, Tex. Civ. Prac. &...more

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction...

by Baker Donelson on

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction Over Offshore Contractors The classification of the constituents of a chaos, nothing less is...more

BOEM’s “Proposed Guidance” Shakes Up the Agency’s Supplemental Bonding Requirements

by BakerHostetler on

The Bureau of Ocean Energy Management (“BOEM”) has backed away from its proposed rulemaking regarding financial assurance requirements for the Outer Continental Shelf (“OCS”). On August 19, 2014, BOEM published an Advance...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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