In an important case of first impression, the federal Fifth Circuit has just affirmed that contractors cannot be criminally prosecuted for violations of various safety regulations under the Outer Continental Shelf Lands Act (OCSLA). See United States v. Moss, No. 16-30561 (5th Cir. Sept. 27, 2017). This decision has broad implications—both in the criminal
BSEE Finally Allows Pipeline ROWs To Be Co-Owned
Are you pining for the cheery days of yore when regulations made at least some business sense? Happy days are here again, at least for BSEE’s new policy on ownership of pipeline rights-of-way (ROW) on the outer continental shelf (OCS). After years of refusing to recognize multiple owners of a pipeline ROW, the Bureau of
BSEE Extends Time OCS Lease Remains in Effect after Cessation of Operations or Production
On June 9, 2017, the Bureau of Safety and Environmental Enforcement (BSEE) issued a final rule amending certain regulations in 30 CFR Part 250 to extend the time that an Outer Continental Shelf (OCS) lease remains in effect after cessation of production or other operations to one year.
Under the previous regulations, an OCS lease
UPDATE: BOEM Withdraws Sole Liability Orders Issued Under NTL 2016-01
The Bureau of Ocean Management (BOEM) announced that it will withdraw its orders issued in December 2016 to provide additional security for sole-liability properties to Outer Continental Shelf (OCS) oil and gas lease and grant holders. “Sole-liability properties” are leases, rights of way (ROWs) and right of use easements (RUEs) for which there are no
BOEM Delays NTL 2016-01 for Non-Sole Liability Properties
Just hours after we posted our blog questioning the future viability of the Bureau of Ocean Management (BOEM) new financial assurance regime, BOEM announced in a Note to Stakeholders that it “will extend the implementation timeline for NTL 2016-N01 by an additional six months as to leases, rights-of-way and rights of use and easement for
Protecting Operators Who Act In Reliance on an Order of the Commissioner of Conservation
The Commissioner of Conservation is the head of the Office of Conservation, a division of the Department of Natural Resources and the agency with primary regulatory responsibility for oil and gas operations in Louisiana. As the Office of Conservation is a state agency, actions taken by the Commissioner are subject to the usual rules and
BOEM Issues NTL Implementing Major Changes to its Financial Security Requirements for the OCS
On July 14, 2016, the Bureau of Ocean Energy Management (BOEM) published a long-awaited Notice to Lessees and Operators (NTL) implementing new financial security requirements (NTL No. 2016-N01 dated July 12, 2016). The NTL was issued to “clarify the procedures and criteria that BOEM Regional Directors use to determine if and when additional security
Louisiana Supreme Court Denies Writs
By a vote of 4-3 on Friday, June 17, 2016, the Louisiana Supreme Court denied writs in reviewing the First Circuit’s decision upholding the Commissioner of Conservation’s permit to Helis Oil & Gas Company, LLC to drill an oil and gas well in St. Tammy Parish over the objection of the parish government. We reported
Louisiana Revised State Lease Form Update; Critical Meeting in Baton Rouge on May 11
Earlier this week, the Staff of the Louisiana Office of Mineral Resources posted its final proposed version of the New State Lease Form.
Over the last several months, Gordon Arata lawyers have spoken with and met with the Mineral Board’s Staff and revised and commented on numerous drafts of the proposed new lease form.
APPROVAL OF NEW STATE LEASE FORM DELAYED
On November 12, 2015, the Louisiana State Mineral and Energy Board requested comments by December 4th regarding its to the current State Lease form, which has been in use for oil and gas leases from the Mineral Board since 2000. Gordon Arata attorneys closely reviewed the proposed form and requested an extension of the