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Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project

The Energy Law Blog

On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project. United States Department of the Interior , 1:21-cv-11091-IT; and Responsible Offshore Development Alliance v.

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Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy

The Energy Law Blog

District Court for the Southern District of Texas in November of 2021. Under this doctrine, “a court may decline to exercise its jurisdiction and dismiss a case that is otherwise properly before it so that the case can be adjudicated in another forum.” The case is Noble House, L.L.C. 22-20281, 2023 WL 3168603 (5th Cir.

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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law Blog

20-30300, 2021 WL 96168, a three-judge panel of the U.S. The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). On January 11, 2021, the Fifth Circuit panel affirmed. Hercules Offshore, Inc.,

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

The Energy Law Blog

10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 11] The Coast Guard is not responsible for adjusting OPA limits for offshore facilities (other than deepwater ports). 138.230). [10]

Oil 98
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Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed

The Energy Law Blog

This requirement was to go into effect on August 1, 2021. With Louisiana’s case dismissed, the TED requirements for shrimp skimmer trawl vessels 40 feet and greater in length are likely to remain in place. Louisiana argued that the TEDs were unnecessary in state waters and would economically harm its shrimp fisheries.

E&A 98
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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law Blog

20-30300, 2021 WL 96168, a three-judge panel of the U.S. The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). On January 11, 2021, the Fifth Circuit panel affirmed. Hercules Offshore, Inc.,

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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law Blog

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Supreme Court holding in Vaughan v.