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The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law

The district court agreed and dismissed those charges, after which the government appealed. Earlier this week, the Fifth Circuit ruled against the government finding that contractors cannot criminally violate these OCSLA regulations. The government appealed. United States v. Moss, et al , No. 16-30561 (5th Cir. 250.146(C).

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Nigeria Oil Industry Overview

Drillers

Recently, the Nigerian government demanded more than $60 billion in back royalties under a production sharing agreement with the supermajors operating in the country. Chevron has stakes in both onshore and offshore fields through a JV with NNPC that has the same percentage distribution as Exxon’s. How did this happen?

Oil 52
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With A New Regulatory Framework On The Horizon, There Is Still Much Uncertainty Concerning The Future Of Offshore Carbon Storage

The Energy Law

In the meantime, more questions than answers remain regarding the regulatory framework for offshore CCS. One issue is the method Interior will use to authorize offshore CCS – by lease, easement, or right-of-way (or some combination thereof).

Offshore 105
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OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

The Energy Law

On October 20, 2017, Bouchard Transportation’s ATB BUSTER BOUCHARD/B. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently took action against a maritime employer for allegedly retaliating against a seaman who cooperated with the Coast Guard in connection with its investigation of a maritime casualty.

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Oregon Federal Court Issues Remarkable Decision Finding Constitutional Right to Stable Climate

The Energy Law

To hold otherwise would be to say that the Constitution affords no protection against a government’s knowing decision to poison the air its citizens breathe or the water its citizens drink. 22] Juliana is scheduled to go to trial sometime in 2017. Plaintiffs have adequately alleged infringement of a fundamental right. [13]

Casing 40
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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

Opinions Issued by the Department of Interior Solicitor In January 2017, in the final days of the Obama administration, the Department of Interior (“DOI”) Solicitor issued an opinion (M-37041) that the MBTA “take” provisions included “incidental takes.” FMC Corp. , 2d 902, 908 (2d Cir. 1978); United States v. Apollo Energies, Inc. ,

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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

In January 2017, in the final days of the Obama administration, the Department of Interior (“DOI”) Solicitor issued an opinion (M-37041) that the MBTA “take” provisions included “incidental takes.” Regulations Governing the Take of Migratory Birds. FMC Corp. , 2d 902, 908 (2d Cir. 1978); United States v. Apollo Energies, Inc. ,