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Federal Offshore Pipeline Decommissioning in BOEM Significant Sediment Resource Areas

The Energy Law

In recent years, there has been an increase in the number of denials of applications to decommission offshore pipelines in place in a departure from the Bureau of Safety and Environmental Enforcement’s (“BSEE”) longstanding practices. Prior to 2015, BSEE routinely granted applications to decommission pipelines in place pursuant to 30 C.F.R.

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U.S. Customs Revokes Recent Offshore Wind Ruling; Maintains Uncertainty Whether the Jones Act Applies to Wind Farm Installations on the OCS

The Energy Law

On July 15, 2020, the Unites States Customs and Border Protection (“CBP”) issued a ruling (HQ H309672) in connection with the installation of an offshore wind farm located off the coast of Rhode Island and Massachusetts in U.S. territorial waters (the “July 15 Ruling”). 55102) (or the Passenger Vessel Services Act (46 U.S.C. 1333(a)(1).

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U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

The Energy Law

In 2015, under the Obama administration, the EPA and the Corps issued a new rule expanding the major categories of regulated waters while retaining the case-specific significant nexus determination for questionable waters. Supreme Court decision in Sackett v. 1] The Court’s holding aligns with the plurality opinion of the Court in Rapanos v.

Casing 97
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Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds

The Energy Law

2015), the Fifth Circuit held that the MBTA “only prohibits intentional acts (not omissions) that directly (not indirectly or accidentally) kill migratory birds.” 8716, published February 9, 2021. At the heart of the Trump administration MBTA rule is what constitutes a “take” under the MBTA. 16 U.S.C. § 50 CFR § 10.12. 50 CFR § 10.12.

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Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds

The Energy Law

2015), the Fifth Circuit held that the MBTA “only prohibits intentional acts (not omissions) that directly (not indirectly or accidentally) kill migratory birds.”. 8716, published February 9, 2021. At the heart of the Trump administration MBTA rule is what constitutes a “take” under the MBTA. 16 U.S.C. § 50 CFR § 10.12. 50 CFR § 10.12.

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Alaska District Court Vacates Trump Executive Order On Offshore Leasing

The Energy Law

The case stems from Executive Orders issued under the Obama Administration in 2015 and 2016 which withdrew certain areas in the Arctic and Atlantic regions from exploration and development under the offshore oil and gas leasing program. Trump , 3:17-00101. Instead, such revocation remains vested with Congress.