In 1953, Congress passed the Outer Continental Shelf Lands Act (“OCSLA”), 43 U.S.C. 1333, et seq. to provide a set of “comprehensive choice-of-law rules and federal regulation to a wide range of activity occurring beyond the territorial waters of the states on the outer continental shelf of the United States.” Important in OCS personal
U.S. Fifth Circuit Extends McCorpen Defense to Successor Employer
Earlier this year, the U.S. Fifth Circuit authored an opinion in Meche v. Doucet, 777 F.3d 237 (5th Cir. Jan. 22, 2015) that touched on important issues related to the McCorpen defense against a seaman’s claim for maintenance and cure. See McCorpen v. Central Gulf Steamship Corp., 396 F.2d 547 (5th Cir. 1968).
Failure by One Plaintiff (Out of Four) in Consolidated Litigation to Adequately Plead Admiralty Jurisdiction Lost Bench Trial for All
An offshore helicopter crash resulted in four lawsuits filed in the Eastern District of Louisiana that were eventually consolidated for all purposes. Three of the four plaintiffs properly asserted that their cases fell under admiralty jurisdiction and Federal Rule of Civil Procedure 9(h). FRCP 9 governs the pleading of special matters, and subsection (h) addresses
Judge Affirms that SEMS II Creates No Cause of Action Under Louisiana Law
In Alfred v. Anadarko Petroleum Corporation et al., No. 13-211, 2014 WL 6633105 (M.D. La. November 21, 2014), newly-minted Judge John W. DeGravelles re-affirmed the spirit of Romero v. Mobil Exploration, 939 F.2d 307, 311 (5th Cir. 1991), holding that the reinvented SEMS II rules (Safety and Environmental Management Systems) found in the
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Defining Recognized and Generally Acceptable Good Engineering Practices
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Atmospheric Storage Tanks
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
EPA Announces Proposed Rule to Amend National Emission Standards for Petroleum Refineries
On May 15, 2014, the Environmental Protection Agency (“EPA”) announced that it intended to publish a proposed rule to amend the national emission standards governing petroleum refineries. [1] The emission standards impacted by this proposed rulemaking are:
- National Emission Standards for Hazardous Air Pollutants (“NESHAP”) from Petroleum Refineries (40 CFR part 63, subpart CC) (Refinery
Environmental Protection Agency Seeks Public Input to Develop Disclosure Rules for Fracking Fluids
As public awareness and growing concerns surrounding hydraulic fracturing (“fracking”) operations increases, regulatory agencies are taking a closer look at the process and are soliciting help from both public and industry stakeholders to better understand fracking operations. On May 19, 2014, the Environmental Protection Agency (“EPA”) solicited comments from the public and from industry stakeholders
OSHA Seeks Public Comment On Proposed Online Whistleblower Complaint Form
The Occupational Safety and Health Administration (OSHA) is seeking public comments regarding a proposal for a new online whistleblower complaint form. The form, which would allow whistleblowers to electronically submit whistleblower complaints directly to OSHA, is part of OSHA’s proposal to revise the information collection requirements for handling retaliation complaints filed with OSHA under various
Act 312 – Louisiana Legislature Passes New Measures to Speed Remediation Process
After the 2003 Corbello decision, the Louisiana legislature attempted to enact a workable procedure for recovering environmental damages arising from oil and gas operations known as Act 312. The main goal of Act 312 was to ensure that property contaminated by oilfield operations would be cleaned up to applicable regulatory standards. Since the enactment of Act 312, very few cases have made it through the Act 312 process. Thus, in an attempt to expedite the identification and remediation of contaminated property, the Louisiana legislature recently passed two new measures revising the Act 312 procedure.
Summary of the New Legislation
The first measure (a House bill enacted as Act 754) amends the Louisiana Code of Civil Procedure to provide for:
- The issuance of an environmental management order (EMO) to expedite site inspections and sampling, and
- A limited admission of environmental liability that allows defendants to begin to remediate property before trial (limited to the most feasible plan to remediate the property).
The second measure (a Senate bill enacted as Act 779) provides for a number of amendments to Act 312:
- Allows a plaintiff to provide a notice of intent to investigate potential environmental damage that suspends prescription of the claim for one year upon the notice being provided to LDNR,
- Requires the plaintiff to identify the alleged environmental damage and the results of any environmental testing if a lawsuit is filed after a notice of intent to investigate is filed,
- Permits a defendant to request an early preliminary hearing to determine whether there is good cause for it to remain a defendant in the case,
- Grants subpoena power over agency personnel involved in developing the feasible plan and allows for discovery regarding the development of the plan after a final plan has been submitted,
- Prohibits ex parte communications with agencies, officials, and contractors who are involved in formulating the feasible plan,
- Requires the Departments of Agriculture, Forestry, and Natural Resources, along with the Department of Environmental Quality (DEQ), to comment if LDNR approves or structures a preliminary plan that applies regulations other than those of LDNR, and
- Provides for a waiver of indemnity rights against punitive damages caused by a party who admits limited liability.
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