On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority.
Continue Reading Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments 

On February 9, 2024, the Department of the Interior (DOI) published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases.
Continue Reading DOI Regulatory Agenda Includes BSEE Rulemakings on Decommissioning and Bonding for Civil Penalty Appeals

The 2nd Annual Tulane Offshore Wind Conference capped off Louisiana Offshore Wind Week on Friday, January 19th. The conference included panels of offshore wind energy professionals discussing topics including leasing, permitting, financing, and the supply chain for US offshore wind energy.
Continue Reading Tulane Offshore Wind Conference Highlights Next Steps in GOM Offshore Wind Development

On December 29, 2023, the USCG issued Maritime Safety Information Bulletin (MSIB) 13-2023, Change 1, an updated version of MSIB 13-23, adding a Frequently Asked Questions section to the document addressing compliance with the Safer Seas Act which was passed in December of 2022.
Continue Reading USCG Updates Guidance on Safer Seas Act Compliance, Continuing to Show Strict Interpretation and Enforcement of Its Requirements

On October 30, 2023, the U.S. District Court for the Eastern District of Louisiana found that the rule established by the U.S. Supreme Court in Robins Dry Dock & Repair Co. v. Flint applied to the case at hand, barring claimants from recovering economic damages for deferred oil production.
Continue Reading Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock

EPA issued draft guidance revising its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis. The proposed revisions incorporate portions of Executive Order 14096, and they align with the federal government’s push to enhance community involvement, to assess cumulative impacts, and put EJ issues front and center in agency decision-making. Read more about the proposed changes here. #environmentaljustice
Continue Reading EJ Evolution: EPA Issues Draft Revision of Technical Guidance for Assessing Environmental Justice in Regulatory Analysis

The EPA is seeking comments on its recently-published Supplemental Notice of Proposed Rulemaking, which proposes national performance standards under the Vessel Incidental Discharge Act. The EPA presents new data on ballast water management systems and solicits public comments on the standards and definitions applicable to ballast tanks, hulls and associated niche areas, and graywater systems. The Supplemental Notice of Proposed Rulemaking brings VIDA one step closer to full implementation.
Continue Reading EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

On November 13, 2023, the U.S. Coast Guard published Policy Letter 23-05 which provides the first actual guidance for vessel owners and operators on the expectations for the surveillance equipment that they are required to install and maintain under the Safer Seas Act, which became law in December 2022 as part of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year 2023.
Continue Reading USCG Issues First Guidance on Safer Seas Act Camera Requirements

EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
Continue Reading EPA and Army Corps Release New WOTUS Rule

BOEM’s GOM wind lease sale earlier this week resulted in just 1 high bid of $5.6 million. A drop in the bucket compared to last year’s California wind lease sale which received five winning bids ranging from $130-$173.8 million and totaling $757.1 million. Now what? Find out here on Liskow’s Energy Law Blog.
Continue Reading First-Ever Gulf of Mexico Wind Auction Results in Only 1 Wind Lease Offshore Louisiana. What Happens Next?