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Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock

The Energy Law

Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. This case required a complex analysis of Robins Dry Dock due to separate entities, under claimants’ parent company, owning the pipeline, and leasing the wells and platforms. The Court was not persuaded. 303 (1927).

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BSEE’s Updated Decommissioning Rules Address RUEs and Formalize Predecessor Enforcement Practices

The Energy Law

What started in 2020 as a proposed joint rulemaking between the DOI’s Bureau of Safety and Environmental Enforcement (“BSEE”) and Bureau of Ocean Energy Management (“BOEM”) was recently finalized as a stand-alone BSEE rule addressing decommissioning. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.

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

The Energy Law

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. Mandara Spa (Hawaii), LLC , the appellant seaman brought claims under the Jones Act and general maritime law for failure to pay maintenance and cure related to certain bodily injuries. Atkinson , 369 U.S.

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Admiralty Professor Haycraft Reports from the Courthouse Steps on the Dutra v. Batterton Supreme Court Argument

The Energy Law

This morning I attended oral argument at the United States Supreme Court in the maritime case of Dutra Group v. 1] The question in the case is whether a Jones Act seaman may recover punitive damages on an unseaworthiness claim. Batterton. [1] Communications include firm news, insights, and events.

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Maritime Law: Key Legal Issues in Fires at Sea, Cargo Damage, Salvage, and More

The Energy Law

Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law’s most unique aspects. These issues are briefly addressed below. Cargo Damage In the United States, cargo damage due to fire is treated differently than damage from other causes.

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Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy

The Energy Law

The Trans Energy settlement shows that exploration and production (E&P) companies need a rigorous compliance strategy for wetlands permit requirements. On the other hand, the legal commentary has virtually ignored the importance of Nationwide Permits (NWPs) 12 and 39 to E&P activities. Trans Energy, Inc. , 14-117 (N.D.W.Va.),

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U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law

The Energy Law

How Plaintiffs Were Exposed When the defendants’ equipment was used on the ships as expected and intended (including during maintenance and repair), the equipment released asbestos fibers into the air. Supreme Court granted certiorari in this case. March 19, 2019), the U.S.