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When It Comes to Pilot Errors: State Statutes Preempt General Maritime Law

The Energy Law

On December 4, 2023, in Marquette Transportation Co. 1 the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and burden of proof for a pilot’s error. On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. The KIEFFER E.

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The Western District of Louisiana Holds that the Federal Energy Regulatory Commission’s Shipper Must Have Title Policy Creates No Private Right of Action

The Energy Law

sued the unit operator for breach of contract to recover transportation costs incurred as a result of alleged regulatory violations of the Federal Energy Regulatory Commission’s (“FERC”) Shipper-Must-Have-Title policy. As part of that regulatory authority, the FERC “establishes policies that govern interstate pipeline transportation.”

Energy 97
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United States Supreme Court Blocks New Jersey’s Sovereign Immunity Challenge to FERC Certificate Holder’s Condemnation of State-Owned Land

The Energy Law

New Jersey , [1] the divided Court held that a certificate from the Federal Energy Regulatory Commission (FERC) entitled PennEast Pipeline Company (PennEast) to use the federal government’s power of eminent domain to seize property owned by the State of New Jersey. In PennEast Pipeline Co. In January 2018, FERC granted PennEast’s request.

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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. 255 suffered an explosion and fire while transporting roughly 2,000 barrels of oil off Port Aransas, Texas. In a stark reminder of the sanctity of Coast Guard investigations, and the consequences of impeding such investigations, the U.S. 2114) (the “SPA”).

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U.S. House of Representatives Passes Energy Bill

The Energy Law

Subtitle E amends the FOGRMA of 1982 to repeal royalty overpayment interest for lessees by the federal government and mandates that when royalty adjustments are made resulting in an underpayment by lessee the royalty obligation clock starts when the date the adjustment is taken.

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The Future of Carbon Capture and Sequestration

The Energy Law

Producers and governments have shown interest in CCS as it allows for the continued use of fossil fuels while reducing net carbon dioxide emissions. 1] [link] [2] Nigel Bankes, Jenette Poschwatta & E. 1] [link] [2] Nigel Bankes, Jenette Poschwatta & E.

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Congressional Expansion of CCF Program

The Energy Law

Several years ago, the definition of Qualified Agreement Vessels was expanded to include the short sea transportation trade. The Capital Construction Fund (“CCF”) program is designed to encourage owners of U.S. flagged vessels to accumulate sufficient capital to acquire additional U.S. flagged vessels by offering tax incentives to do so.