Recently, the US Fifth Circuit addressed three maritime tenets in the same case: McCorpen defense, unseaworthiness, and regulatory governance. While these issues can be rather straightforward in the typical case, the facts in Thomas v. Hercules Offshore Services, LLC (5th Cir. March 2, 2018) provided an interesting review of each. The specific issues addressed in
Outer-Continental Shelf
A How-To Guide for Determining Whether a Contract is Maritime
By Daniel Stanton on
In the recent U.S. Fifth Circuit case of In re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. 2017), the Court considered an often pivotal question in many offshore personal injury cases: is the contract governing the relationship of the parties a maritime contract?
While this issue is not new to the offshore oil…
WDLA Rules That Offshore Contractors Are Not Subject To BSEE Regulation
By Kean Miller on
Posted in Admiralty and Maritime
By the Admiralty and Maritime Team
In an earlier blog post here we highlighted the facts in Island Operating Co., v. Jewell, et al., Civil Action No. 16-145, currently pending in the Lafayette Division of the Western District of Louisiana. The central issue in Island Operating is whether a contractor that provides personnel to…
Obama Administration Announces Onerous Regulations on Emissions For All New and Existing OCS Oil and Gas Facilities
By Chauvin Kean on
Posted in Admiralty and Maritime, Louisiana In General
On March 17, 2016, the Obama Administration announced through the Bureau of Ocean Energy Management (“BOEM”) its newly proposed air quality emission regulations for offshore oil and gas activities. According to BOEM, the primary benefit of this rule is “to ensure that offshore facilities and operations are in compliance with the air quality objectives and…