Definition Offshore Pipeline 
The Energy Law
JANUARY 31, 2023
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). 19] Notably, crewboats ostensibly fall within this definition. 138.230). [10] 10] 87 Fed.
The Energy Law
SEPTEMBER 8, 2023
In line with the Sackett holding, the final rule removes the “significant nexus standard” for wetlands from the agency regulations and amends the definition of “adjacent.”Prior The agencies have not indicated whether projects addressed under prior WOTUS definitions will be affected or may be revisited.
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The Energy Law
FEBRUARY 20, 2024
The Department of the Interior (“DOI”) recently published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases. 250.1409 (applicable to appeals of penalties assessed to federal offshore oil, gas, and sulphur leases) and § 290.4 9598 (Feb. 86285 (Dec.
The Energy Law
SEPTEMBER 4, 2015
Plains Pipeline, L.P. Noting that “[t]he Louisiana Supreme Court has never interpreted the One-Call Statute’s definition of ‘excavation’” and, the panel made what it termed an “ Erie guess” holding that a vessel that anchors without first placing a One-Call does not violate the One-Call Statute. Great Lakes Dredge & Dock Co.,
The Energy Law
MAY 4, 2023
In the final rule, BSEE amended its regulations to add a new regulatory definition of RUE and to incorporate RUEs, RUE holders, and prior RUE holders throughout the decommissioning regulations located at 30 C.F.R. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.
The Energy Law
JUNE 1, 2016
The Corps’ definition of whether property constitutes “waters of the United States” is significant because the Clean Water Act regulates the discharge of pollutants into “the waters of the United States.” The Corps has defined the waters of the United States very broadly, along the lines of the Commerce Clause. 33 CFR § 328.3(a)(3)
The Energy Law
MAY 26, 2023
In 2019, the Trump administration repealed that rule and replaced it with a narrower definition, limiting jurisdiction to traditional navigable waters, their tributaries, lakes, and adjacent wetlands. In 2023, the agencies, under the Biden administration, again revised the definition, returning it to the pre-2015 Rapanos framework.
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