On September 2, 2022, the U.S. Customs and Border Protection of the Department of Homeland Security (“CBP”) issued a CBP ruling, HQ H32233, determining that most offshore Wind Energy installation projects, including the laying of transmission cables, generally requires the use of Jones Act (Coastwise) compliant vessels. Jones Act qualified and compliant vessels are those
Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee
In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid
BOEM Begins Key Environmental Assessment In Preparation for Offshore Wind Development in the GOM
In support of the Biden administration’s goal of permitting 30 gigawatts of offshore wind by 2030, the Bureau of Ocean Energy Management (“BOEM”) announced that it has been begun preparing its draft environmental assessment to evaluate the potential impacts of offshore wind development in federal waters in the Gulf of Mexico.
The area to be
Fifth Circuit Holds That A Jones Act Seaman Can Be Contributorily Negligent For His Own Injuries When Following the General Orders Of His Superior
In the recent 2-1 decision of Knight v. Kirby Offshore Marine Pac., L.L.C, No. 19-30756, 2020 WL 7393534, at *1 (5th Cir. Dec. 17, 2020), the Fifth Circuit held that a Jones Act Seaman was contributorily negligent for his injuries when following the general orders of his superior. The Court analyzed the differences between general
The Regional Comprehensive Economic Partnership (RCEP): The Agreement that Promises to Reshape the International Trade Landscape
After several years of negotiation and political posturing, 15 countries signed the Regional Comprehensive Economic Partnership (RCEP) trade agreement on November 15, 2020. The RCEP includes several countries from the Southeast Asia and the Pacific region, including Australia, Brunei, Cambodia, China, Indonesia, Japan, Laos, Malaysia, Myanmar, New Zealand, Philippines, Singapore, South Korea, Thailand, and Vietnam.
Coast Guard Proposes to Clean up Environmental Regulations Governing Tankers
On May 13, 2020, the USCG published a Notice of Proposed Rulemaking advising of its intent to amend and update the regulations governing financial responsibility for environmental pollution under OPA 90 and CERCLA. Triggering these changes include a desire to close compliance gaps that cause untimely responses to oil spills due to operators failings to
Offshore Marine Service Association’s (OMSA) Guidelines for the Prevention and Mitigation of COVID-19 on Vessels
On April 16, 2020, the Offshore Marine Service Association (OMSA) issued a memorandum providing guidance for the protection of maritime personnel on vessels during the COVID-19 pandemic. The memorandum aims to support the uninterrupted flow of the nation’s marine transportation system while maintaining the safety of maritime personnel. The guidelines contained and referenced in the
Offshore Marine Service Association’s (OMSA) Guidance on Personnel Transport During the COVID-19 Pandemic
On March 25, 2020, the Offshore Marine Service Association (OMSA) issued a memorandum providing guidance on the transport of potentially infected personnel during the COVID-19 pandemic. The memorandum aims to guide the offshore service industry on using the appropriate standards and procedures prior to, during and after the transport of potentially infected personnel.
The transport
Jones Act Vessel Status Update: The Louisiana Supreme Court Finds Riverboat Casino is not a Vessel in Navigation
Although the riverboat casino Grand Palais was originally designed to transport people over water, and did so until 2001, and is theoretically capable of navigation, the Louisiana Supreme Court has determined that it is no longer a vessel in navigation. Don Caldwell v. St. Charles Gaming Co., 2019-1238 (La. 1/29/20), So.3d _____. The Court’s
Update: Supreme Court Rejects Punitive Damages for Unseaworthiness Claims
Today, the U.S. Supreme Court resolved a Circuit Split, holding that punitive damages are not recoverable to a seaman under an unseaworthiness claim. The Court, in a 6-3 ruling, sided with the U.S. Fifth Circuit’s analysis under McBride and reversed the U.S. Ninth Circuit’s decision in Dutra v. Batterton. The Court followed Townsend,