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Fifth Circuit to Hold Oral Argument in Sojitz v. UNOCAL in April 2020

The Energy Law

Last year, in another dispute over who should bear the cost of decommissioning offshore facilities, the Southern District of Texas held that a former sub-assignee of offshore operating rights was entitled to equitable subrogation from the record title owner and initial assignor. Sojitz Energy Venture, Inc. Union Oil Co. 3d 687 (S.D.

Royalty 52
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Wind Energy Development in the Gulf of Mexico

The Energy Law

This is the first in a series of articles in which Liskow’s offshore team will discuss the regulatory framework for wind energy projects in federal waters and highlight legal issues pertinent to this dynamic area. To date, the development of offshore wind in federal waters has largely been limited to the east coast. federal waters.

Energy 98
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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.

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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

The Energy Law

On October 26, 2020, the EPA proposed a set of discharge standards for twenty different types of incidental discharges from vessel equipment and systems. Although the deadline for doing so was December 4, 2020, these standards have not yet been finalized or implemented. It also requires the U.S.

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Increasing Scrutiny of Foreign Investment in the U.S.: BOEM Puts Companies on Notice of Potential CFIUS Review of Bids at Upcoming Federal Offshore Lease Sale

The Energy Law

New, expanded CFIUS regulations went into effect on February 13, 2020. real estate transactions, which could encompass federal offshore leasing. The regulations, dealing with foreign acquisition of control of U.S. businesses or certain foreign investments in U.S. In addition to addressing acquisitions of U.S.

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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law

11] The Coast Guard is not responsible for adjusting OPA limits for offshore facilities (other than deepwater ports). 11] The Coast Guard is not responsible for adjusting OPA limits for offshore facilities (other than deepwater ports). 138.230 (2020). [9] Offshore facilities have unlimited liability for removal costs. [13]

Oil 98
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DOI Regulatory Agenda Includes BSEE Rulemakings on Decommissioning and Bonding for Civil Penalty Appeals

The Energy Law

The Department of the Interior (“DOI”) recently published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases. 2020-48), the IBLA held the current version of 30 C.F.R. 9598 (Feb. BSEE’s 2024 decommissioning rule would update 30 C.F.R.