Yesterday the U.S. Customs and Border Protection (“CBP”) published a new ruling on Jones Act compliance in the installation of offshore wind turbines. While the ruling addresses and confirms several established compliance points in the rapidly developing U.S. wind market, CBP introduced a new wrinkle that will aid U.S. vessel owners.
First, the new development.
On February 11, 2022, the Biden Administration’s climate change agenda sustained a major blow as Judge James D. Cain of the Western District of Louisiana enjoined a Biden administration executive order that charged federal agencies with considering the “social cost of carbon” in their decision making. The injunction could have far reaching impacts on the
Within the first six weeks of 2022, both state and federal governments have taken steps toward offshore wind energy development off the coast of Louisiana.
On February 1, the Climate Initiatives Task Force submitted the Louisiana Climate Action Plan to Governor Edwards. The Plan offers strategies and actions aimed at reducing greenhouse gas emissions in
The Infrastructure Investments and Jobs Act (the “Act”), which was passed into law on November 15, 2021, included key amendments to the Outer Continental Shelf Lands Act (“OCSLA”) that pave the way for carbon sequestration in offshore federal waters.
Prior to the Act’s passage, OCSLA (as amended by the Energy Policy Act of 2005) authorized
On Tuesday, the United States Court of Appeals for the Eleventh Circuit addressed the question of whether the 1962 U.S. Supreme Court holding in Vaughan v. Atkinson, 369 U.S. 527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. In Witbart v. Mandara Spa (Hawaii), LLC
Last week, the Louisiana Governor’s Office hosted Louisiana Wind Week 2021 to assess Louisiana’s future in offshore wind energy development. Louisiana Wind Week followed the Bureau of Ocean Energy Management (BOEM)’s first Gulf of Mexico Intergovernmental Renewable Energy Task Force meeting, which was held on June 15.
Continue Reading Louisiana’s Future in Offshore Wind: Takeaways from Louisiana Wind Week
On Tuesday, U.S. District Judge Terry A. Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”). Louisiana v. Biden, Jr., Case No. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. La. June 15, 2021).
Continue Reading Federal Judge Grants Preliminary Injunction Halting the Biden Administration’s “Pause” on New Oil and Gas Lease Sales
On June 8, 2021, the Bureau of Ocean Energy Management issued a Request for Interest (RFI) to assess interest in possible commercial wind energy leasing in the Gulf of Mexico OCS. BOEM will consider the information received in response to the RFI to determine whether to schedule a competitive lease sale or issue a noncompetitive lease for any portion of the area descried in the RFI. The area covered by the RFI comprises the entire Central Planning Area and Western Planning Area of the Gulf of Mexico, excluding portions of those areas located in water depths greater than 1,300 meters.
Continue Reading BOEM Assessing Interest in Wind Energy Leasing in the Gulf of Mexico
On April 19, the United States Government Accountability Office (“GAO”) released a report (the “Report”) in response to a request from the House of Representatives Committee on Natural Resources regarding the oversight and decommissioning of pipelines in federal waters, which are mainly located within the Gulf of Mexico. The Report concluded that the Bureau of Safety and Environmental Enforcement (“BSEE”) lacks a robust oversight process (1) for ensuring the integrity of active offshore oil and gas pipelines and (2) to address the environmental risks posed by decommissioning and abandoning pipelines on the seafloor. The GAO recommended that BSEE take actions to further develop, finalize, and implement updated pipeline regulations to address limitations in its ability to (1) ensure active pipeline integrity and (2) address safety and environmental risks associated with pipeline decommissioning and abandonment.
Continue Reading Federal Agency Recommends Updated Regulations for Pipeline Monitoring, Decommissioning, and Abandonment
On February 5, 2021, the Fish Wildlife Service (“FWS”), under the Biden administration, announced that it was delaying the effective date of a rule promulgated by the Trump administration regarding “incidental takes” and the Migratory Bird Treaty Act (“MBTA”). On January 7, 2021, the Trump administration published a final rule interpreting the MBTA as not