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Ownership, in either case, can be determined through possession or control, responsibility for repair, and responsibility for maintenance. Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. The Court was not persuaded. 303 (1927). 2 In re Falcon Global Offshore II , No.
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.
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.
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.
The information will then be stored in a secure, private database that may be accessed by, among others, law enforcement agencies for crime prevention and certain financial institutions for customer due diligence purposes. The ANPRM seeks to better develop these definitions for the final regulations.
Townsend , when punitive damages were allowed by the Court for egregious violations of the maintenance and cure obligation. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Batterton. [1]
A special meeting of the Louisiana State Mineral and Energy Board was held on April 29, 2020, to address the impacts of both COVID-19 and historically low oil prices on operation and maintenance of Louisiana State Leases. The Board approved two proposed resolutions (1. Proposed Enforcement Moratorium Resolution 2.
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.),
Townsend case, in which a 5-4 majority opinion (written by Justice Thomas) ruled that punitive damages were available to a Jones Act seaman whose employer arbitrarily and capriciously fails to pay the injured or ill seaman maintenance and cure. Justice Ginsburg dissented, joined by Justices Breyer and Sotomayor.
The information will then be stored in a secure, private database that may be accessed by, among others, law enforcement agencies for crime prevention and certain financial institutions for customer due diligence purposes. Reporting of Beneficial Ownership Information (questions #10-25). FinCEN Identifier (questions #26-31).
On December 29, 2023, the USCG issued Maritime Safety Information Bulletin (MSIB) 13-2023, Change 1 , an updated version of MSIB 13-23, that now includes a Frequently Asked Questions section addressing compliance with the Safer Seas Act that was passed in December of 2022. 3 : USCG Oversight of Safety Management Systems on U.S.
Lessors and lessees are free to allocate between themselves responsibility for repairs and maintenance of the leased premises. More commonly, though, in prevailing market triple net (NNN) commercial leases, lessees will be responsible for all repair and maintenance obligations, except for those expressly made the responsibility of the lessor.
1] This pair of bills seeks the development of stricter state standards (HB 896) and an analysis of inspection and maintenance requirements for air quality permits for certain oil and gas facilities including regulatory and/or incentive-based approaches to reduce emissions (HB 897). HB 896 and HB 897 , sponsored by state Rep.
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. March 19, 2019), the U.S. Justice Kavanaugh wrote the opinion for a 6-3 court, with Justices Gorsuch, Thomas, and Alito dissenting.
There is no guarantee that making such a change will reduce your organization’s tax liability, but for additional information on how the new tax on EO employee parking could affect your organization or whether your organization should change its employee parking policy, contact Michael Williams or Jeff Birdsong.
In a recent opinion, the Fifth Circuit Court of Appeals ruled that the “Sabine River Authority, State of Louisiana” (“SRA-L”) is not entitled to Eleventh Amendment sovereign immunity. [1] 1] SRA-L was a named defendant in a suit by plaintiffs who own land in Louisiana and Texas. Tarrant County , 798 F.2d 2d 736, 744-45 (5 th Cir.
1] This pair of bills seeks the development of stricter state standards (HB 896) and an analysis of inspection and maintenance requirements for air quality permits for certain oil and gas facilities including regulatory and/or incentive-based approaches to reduce emissions (HB 897). HB 896 and HB 897 , sponsored by state Rep.
Now, however, the CBP seeks to narrow its interpretation of vessel equipment to include only items which are “necessary and appropriate for the navigation, operation or maintenance of a vessel and for the comfort and safety of the persons on board.” Merchandise/Vessel Equipment Vessel equipment is not merchandise.
During this downturn in activity, mineral rights owners must remain cognizant of the maintenance activities necessary to preserve their mineral rights. Cannisnia Plantation, LLC v. The mineral servitude was created on June 28, 1996, and the mineral servitude owner made no effort to exercise the mineral rights for more than nine years.
On June 2, 2017 the Louisiana Second Circuit Court of Appeal affirmed a trial court’s judgment cancelling a mineral lease under Mineral Code article 140 and provided further clarity on a production in paying quantities analysis under Louisiana Mineral Code article 124. [1] 1] The dispute in Gloria’s Ranch, L.L.C. Tauren Exploration, Inc.
Flat River Farms, L.L.C. , the Louisiana Second Circuit addressed issues affecting the creation and preservation of mineral servitudes and payment of court costs in a concursus action. [1] 1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating.
In 2016, with EPA approval, Louisiana finalized its SIP revisions eliminating provisions that allowed for automatic and discretionary exemptions from emission limitations during startup, shutdown, maintenance, and malfunctions. 2015 SSM SIP Policy. 33840 (June 12, 2015). While published as a final rule, the 2015 SSM SIP Policy was nonbinding.
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