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

The Energy Law

Ownership, in either case, can be determined through possession or control, responsibility for repair, and responsibility for maintenance. 2 In re Falcon Global Offshore II , No. 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).

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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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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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Survey of Proposed Legislation Across the States Affecting the Energy Industry in 2021

The Energy Law

With topics ranging from offshore oil and gas moratoriums to restrictions on natural gas flaring and venting, the following is an overview of notable energy legislation to be heard in state legislatures this year. 3] In South Carolina, the subject of offshore oil and gas activities is again poised for debate. Senate Bill 119 ( S.

Energy 52
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Survey of Proposed Legislation Across the States Affecting the Energy Industry in 2021

The Energy Law

With topics ranging from offshore oil and gas moratoriums to restrictions on natural gas flaring and venting, the following is an overview of notable energy legislation to be heard in state legislatures this year. In South Carolina, the subject of offshore oil and gas activities is again poised for debate. Senate Bill 119 ( S.

Energy 40
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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

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.

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Possible Change to Jones Act Interpretations Regarding Coastwise Activities

The Energy Law

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.