News & Analysis as of

Outer Continental Shelf Oil & Gas

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

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

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

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

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

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

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

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

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

BOEM Suspends Implementation of New Financial Assurance Requirements

by Baker Donelson on

The Bureau of Ocean Energy Management (BOEM) announced Friday, January 6, that it would suspend the implementation of the new financial assurance requirements relating to decommissioning obligations of lessees’ facilities on...more

California Sues Federal Government Alleging Inadequate Environmental Review of Offshore Drilling Proposal

by Stoel Rives LLP on

In one of her last major legal actions before leaving office as California’s Attorney General, Kamala Harris, along with the California Coastal Commission (jointly the “Attorney General”), filed suit against various federal...more

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

by LeClairRyan on

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming...more

Environmental Groups Sue Federal Agencies Again in Unending Legal Battle Over Offshore Oil Development

by Stoel Rives LLP on

On November 11, 2016, the Environmental Defense Center (“EDC”) and Santa Barbara Channelkeeper jointly filed suit against several federal agencies including the Bureau of Ocean Energy Management and the Bureau of Safety and...more

Offshore Crewing Requirements: Could It Make Things Worse?

by Blank Rome LLP on

It has been years (2009) since I last wrote an article discussing the availability of U.S. citizens to work offshore in support of oil and gas projects during a downturn in the economy. And now, it is even worse. With the...more

Russia Moves on the Regulation of its Arctic Continental Shelf Resources

In the course of the meeting held in September 2016 between President Putin and the Russian government, Mr Sergey Donskoy, the Minister for Natural Resources and the Environment, announced that it had been decided to impose a...more

OCSLA Coverage for Land Injuries Has Limits

James Baker, Jr. v. Director, OWCP; Gulf Island Marine Fabricators, LLC, U.S. Fifth Circuit No. 15-60634 (August 19, 2016). In this case the Court of Appeals affirmed the Administrative Law Judge’s (ALJ) determination that...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

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