In advance of holding an offshore wind lease sale in the Gulf of Mexico, which is expected this summer, the Department of Interior recently took several steps to update the offshore wind regulatory framework. First, Interior issued a Final Rule, which reassigns the responsibilities for certain regulations governing offshore wind from BOEM to BSEE. This reassignment aligns
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Federal District Court Finds M/V Maersk Idaho Not Liable for Drowning Death of Texas Police Chief in “Excessive Wake” Case
In a recent decision following a six-day bench trial, the Southern District of Texas ruled that shipping giant Maersk was not liable for the death of City of Kemah Police Chief Christopher Reed, who was knocked overboard when his boat caught the wake of the Maersk Idaho in the Houston Ship Channel.[1] Mr. Reed’s…
With A New Regulatory Framework On The Horizon, There Is Still Much Uncertainty Concerning The Future Of Offshore Carbon Storage
The Infrastructure Investment and Jobs Act (IIJA), signed into law on November 15, 2021, amended Section 40307 of the Outer Continental Shelfs Act (OCSLA) to provide authority to the U.S. Department of Interior (DOI) to grant leases, easements, or rights of way that “provide for, support, or are directly related to the injection of a…
Louisiana State Court Reverses Issuance of Air Permits, Citing Environmental Justice Concerns
On September 14, 2022, the 19th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant Deterioration (“PSD”) regulations[1] for a Formosa Plastics facility (“FG LA”) planned to be built in St. James Parish.[2] The court ruled that LDEQ erred in issuing…
Future Of Federal Offshore Oil And Gas Leasing: Department Of Interior Releases Proposed Five-Year Program For 2023-2028
Last week, the U.S. Department of the Interior released its proposed Outer Continental Shelf (OCS) five-year program for offshore oil and gas leasing. The Outer Continental Shelf Lands Act (OCSLA) requires the Secretary of the Department of the Interior to “prepare and periodically revise and maintain an oil and gas leasing program” (i.e., a five-year…
Mitigating Impacts of Offshore Wind: BOEM Draft Guidance Suggests Compensation for Lost Income to Fishermen
On June 23, 2022, the Bureau of Ocean Energy Management (BOEM) published a draft guidance on mitigating potential impacts of offshore wind development on commercial and recreational fishing. The final guidance document will set forth required information that lessees must submit to BOEM at each stage of a wind project, i.e., Site Assessment Plan (SAP)…
Masks, Large Sums of Money, and a Runaway—Movie Plot or Post-COVID Jury Trials?
The post-pandemic era has brought about some of the largest jury verdicts seen to date. This post-pandemic verdict inflation is of concern to many different industries, including the energy industry. This recent trend could be the result of many different factors, such as social media, the COVID-19 pandemic, a generational shift as millennials take over…
CBP Issues Further Guidance with Respect to Application of Jones Act to the Offshore Wind Market
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. …
Covid-Related EEOC Charges on the Rise
Thousands of workers across the country have filed discrimination claims with the U.S. Equal Employment Opportunity Commission (“EEOC”) since the inception of the Covid-19 pandemic. In an exclusive report, Bloomberg revealed that “[s]ince April 2020, the U.S. Equal Employment Opportunity Commission has received roughly 6,225 Covid-related charges of discrimination under federal civil rights laws” and…
Federal Court Enjoins Biden’s Social Cost of Carbon Efforts On the Basis of Negative Impact to Energy Industry and Energy Producing States
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…