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

In In re Deepwater Horizon, No. 20-30300, 2021 WL 96168, a three-judge panel of the U.S. Fifth Circuit Court of Appeal held that fishermen who intentionally came upon the scene of the wreckage of the Deepwater Horizon failed to state a claim of negligent infliction of emotional distress under general maritime law.  The district

Several pieces of energy-industry legislation are teed up for debate as state legislatures reconvene for their first sessions of 2021. With topics ranging from offshore oil and gas moratoriums to restrictions on natural gas flaring and venting, the following is an overview of notable energy legislation to be heard in state legislatures this year.

The

Following through with President Biden’s campaign promise to halt oil and gas drilling on federal lands, on January 20, 2021, the Acting Secretary of the U.S. Department of Interior (“Interior”) issued an order, effective immediately, mandating a 60-day moratorium on new oil and gas leases and drilling permits on public lands and waters (“Order”).
Continue Reading U.S. DEPARTMENT OF INTERIOR ISSUES 60-DAY MORATORIUM ON FEDERAL LEASING AND DRILLING PERMITS

Governor John Bel Edwards has identified offshore wind energy as a feature component of his recently announced renewable energy initiative for the Gulf of Mexico. The Governor announced the initiative at the inaugural meeting of his Climate Initiative Task Force.
Continue Reading Governor Edwards Indicates that Offshore Wind is on the Horizon in the Gulf of Mexico

In Sanchez v. Smart Fabricators of Texas, LLC, 970 F.3d 550,  a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc.
Continue Reading Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test