Circuit Court News

This article examines 10 structural safeguards in Coast Guard Suspension and Revocation (S&R) Proceedings that ensure Coast Guard Administrative Law Judge (ALJ) decisional independence. These safeguards separate potential agency influences from the ALJ decision making process and are critical to mariner due process and fundamental fairness. We will start with an overview of Coast Guard S&R proceedings, followed by brief discussions of the Administrative Procedure Act, Administrative Law Judges, and U.S. Office of Personnel Management oversight.

A U.S. judge has rejected challenges to federal environmental permits and construction approvals for a $4 billion offshore wind farm near Massachusetts, which commercial fishing groups have claimed will harm whales and impair their businesses.U.S. District Judge Indira Talwani in Boston last Thursday tossed the final two federal district court lawsuits directly challenging the Vineyard Wind project roughly 15 miles south of Martha’s Vineyard, which would be the first commercial…

A federal appeals court on Tuesday revived a lawsuit against Royal Caribbean Cruises by the parents of an 18-month-old girl who died after slipping through her grandfather’s hands and falling through an open cruise ship window.The 11th U.S. Circuit Court of Appeals in Atlanta restored two negligence claims over the July 2019 death of Chloe Wiegand, who had been in a children’s play area aboard the ship Freedom of the Seas, which was docked in San Juan, Puerto Rico.Her grandfather Salvatore Anello testified that he picked Chloe up and put her feet on the windowsill…

A U.S. appeals court on Tuesday rejected a lawsuit filed by environmental groups challenging federal approvals needed to construct a $39 billion project that would move natural gas from Alaska’s North Slope across the state.A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said the U.S. Federal Energy Regulatory Commission's review of plans for the state-run Alaska Gasline Development Corp's project satisfied the National Environmental Policy Act requirements to take a hard look at environmental impacts of major proposals…

An oil rig supervisor who earned more than $200,000 a year working for Houston-based Helix Energy Solutions Group Inc is entitled to overtime pay, the U.S. Supreme Court ruled on Wednesday in a decision with costly implications for the oil and gas industry.The court in a 6-3 decision authored by liberal Justice Elena Kagan decided that because the rig supervisor, Michael Hewitt, was paid a daily rate of $963 and not a salary, an overtime pay exemption in federal wage law for highly paid workers did not apply to him.The justices affirmed a 2021 ruling by the New Orleans-based 5th U.S.

The U.S. Army Corps of Engineers will modify the Department of the Army permit for the BP Cherry Point Marine Terminal’s North Wing dock to ensure complies with the Magnuson Amendment’s restrictions regarding the handling of crude oil at Puget Sound facilities, and Endangered Species Act and other applicable legal requirements through additional permit conditions. This comes from the Record of Decision issued Monday, following completion of a Final Environmental Impact Statement…

U.S. Supreme Court Justice Sonia Sotomayor on Thursday rejected a bid by a businessman to block his extradition to South Korea to face embezzlement charges that stemmed from a 2014 ferry sinking that killed 304 people.Sotomayor rejected Yoo Hyuk-Kee’s request to prevent his extradition from going forward while he appeals lower-court rulings rejecting his effort to avoid being sent to South Korea to face trial on the seven embezzlement charges against him.Sotomayor is the justice assigned to review emergency appeals from a group of states that include New York…

A U.S. appeals court on Wednesday vacated a lower court's decision to block the Biden administration's pause on new oil and gas leasing on federal land and waters - a key piece of the president's climate change strategy - and sent the case back to that court for further proceedings.The 5th U.S. Circuit Court of Appeals vacated the Louisiana district court decision to block the Interior Department's leasing pause after Louisiana and a dozen states sued the administration established…

The U.S. Army Corps of Engineers has released the Final Environmental Impact Statement for the North Wing of the BP Cherry Point Marine Terminal, which is located near Ferndale, Wash. The Notice of Availability was published in the Federal Register by the Environmental Protection Agency today.The Final EIS examines the incremental environmental effects related to operation of the North Wing of the BP Cherry Point Marine Terminal, the risk of potential accidents and oil spills within a portion of Puget Sound…

Cheniere Energy Inc has asked the Biden administration to exempt it from limits on emissions of cancer-causing pollutants, arguing they would force the top U.S. exporter of liquefied natural gas to shut for an extended period and endanger the country's efforts to ramp up supplies to Europe, according to documents reviewed by Reuters.The request imposes an uncomfortable dilemma on President Joe Biden’s administration as it tries to balance efforts to slash pollution from the fossil…

A federal appeals court on Wednesday revived a fight between BP, two contractors, and an insurance company over who should pay for thousands of personal injury claims brought by cleanup workers after the Deepwater Horizon explosion and fire in 2010.The 5th U.S. Circuit Court of Appeals reversed most of a lower court’s rulings for contractors National Response Corp and O’Brien’s Resource Management, and for O’Brien’s excess-liability insurer, Navigators Insurance Co.The decision was not a complete win for BP, however.

A U.S. appeals court on Thursday said workers who use cranes attached to boats to load equipment onto offshore oil rigs are not "seamen" exempt from overtime pay under federal wage law, reviving a collective action against liftboat operator All Coast LLC.The full 5th U.S. Circuit Court of Appeals voted 15-2 to deny en banc review to All Coast and reinstated a three-judge panel's unanimous February ruling that said the workers were engaged in industrial activities that had no bearing…

A federal appeals court late on Friday reversed course and let stand a lower court order prohibiting the U.S. Centers for Disease Control and Prevention (CDC) from enforcing coronavirus-related cruise ship rules in Florida.The decision is a win for Florida that had filed a lawsuit arguing the CDC curbs made it tough for the cruise industry to recover from the pandemic.The 11th Circuit Court of Appeals in Atlanta had only on Saturday voted 2-1 to block the lower court decision.But in its latest brief statement…

A federal appeals court on Tuesday confirmed bans on offshore oil leasing in most federal Arctic waters and in the Atlantic after the Trump Administration tried to open them up to development.The 9th Circuit Court of Appeals said President Joe Biden's reinstatement of Obama-era protections makes moot the previous administration's attempts to allow oil development there.The Trump administration pressed for oil-and-gas development throughout the United States as the nation's crude production surged to a record 13 million barrels per day (bpd) by 2019.

Vessel owners rarely carry cargo for their own account. More commonly by far, a vessel owner will charter its vessel to another party to carry their (or their sub-charterer’s) cargo. The contracts can vary widely – from voyage charters or contracts of affreightment to time charters to negotiable bills of lading (not to mention the more complex arrangements that one often sees for container cargos). But in most instances, vessel owners are in the business of transporting cargo on behalf of others and, all going well, of being paid to do so.

Will a rising tide in the offshore oil markets float all the boats? In the U.S. Gulf of Mexico, that remains to be seen.Offshore services, exploration and production are on a roll. In early October, yet another business combination of big drillers was announced. In a sign of optimism, Ensco announced its plan for an all-stock acquisition of Rowan Offshore, worth around $2.4 billion. The new company will be domiciled in the United Kingdom, but will have a large presence in Houston.

Commissioner William P. Doyle Votes to reject joint contracting authority for Ro/Ro foreign carriers to negotiate collectively for U.S.-Flag tug services. Doyle's Statement, shown below, says new rules go beyond the scope of the Shipping Act and shipping practices harmful to U.S. Today, I voted to disapprove the roll-on roll-off (Ro/Ro) WLL/Eukor/ARC/Glovis Cooperative Working Agreement amendment involving Wallenius Wilhelmsen Logistics AS (WWL), Eukor Car Carriers Inc. (Eukor), American Roll-on Roll-off Carrier LLC (ARC), and Hyundai Glovis Co. Ltd. (Glovis) (collectively Parties). This amendment filed with the Federal Maritime Commission seeks to broaden the authority of the Parties to jointly solicit bids for contracts covering the provision of tug services…

Wood Group PSN Inc., a Nevada corporation headquartered in Houston, was ordered to pay $9.5 million in two separate cases involving its conduct in the Gulf of Mexico. Specifically, Wood Group PSN was ordered to pay $7 million for falsely reporting over several years that personnel had performed safety inspections on offshore facilities in the Gulf of Mexico in the Western District of Louisiana, and $1.8 million for negligently discharging oil into the Gulf of Mexico in violation of the Clean Water Act after an explosion on an offshore facility in the Eastern District of Louisiana, announced Acting Assistant Attorney General Jeff Wood of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney for the Western District of Louisiana Stephanie A. Finley, and U.S.

Transocean Ltd on Thursday won the dismissal of an appeal by shareholders accusing the owner of the doomed Deepwater Horizon drilling rig of deceiving them about its safety practices prior to the 2010 Gulf of Mexico oil spill. The 2nd U.S. Circuit Court of Appeals in Manhattan said the lead plaintiff waited two months too long to sue over alleged misstatements in an Oct. 2, 2007, proxy statement for the offshore drilling company's merger with GlobalSantaFe Corp. Shares of Transocean rose 3 percent after the decision was issued. Geoffrey Johnson, a lawyer for the plaintiffs, declined to comment. Transocean and its lawyers did not immediately respond to requests for comment.

For operational purposes, it is critical to know what type of employees you have on your vessel. Failure to do so could be expensive. As vessel operators, we pay close attention the provisions of the Jones Act and how they affect the operation, crewing and administration of our marine-based operations. A determination that your vessel-based crews are seamen under maritime law creates a different employment relationship when compared to employees designated as longshoremen or land-based employees.

A former BP Plc engineer deserves a new trial on an obstruction of justice charge related to the 2010 Gulf of Mexico oil spill, a federal appeals court ruled on Tuesday. The 5th U.S. Circuit Court of Appeals in New Orleans agreed with a lower court judge's decision last June to throw out the defendant Kurt Mix's December 2013 conviction. U.S. District Judge Stanwood Duval acted after learning that the jury forewoman admitted to having heard in a courthouse elevator that other BP employees were being prosecuted over the spill…

A U.S. appeals court said BP Plc, which in July reached a $18.7 billion settlement of federal, state and local claims over the 2010 Gulf of Mexico oil spill, must face one of two proposed class-action lawsuits claiming that the oil company defrauded shareholders over the disaster. The 5th U.S. Circuit Court of Appeals in New Orleans said investors who bought BP's American depositary shares in a 33-day period soon after the spill may pursue group claims that BP initially "lowballed" the oil flow rate, and that the share price tumbled as the crisis' magnitude became known.

A federal appeals court in New York ordered the government to rewrite its rules regulating the discharge of ballast water by ships, in a victory for environmental groups that said the rules were too lenient and threatened the nation's waterways. The 2nd U.S. Circuit Court of Appeals on Monday said the Environmental Protection Agency acted "arbitrarily and capriciously" when it decided in 2013 to follow an international standard governing the discharge of harmful organisms, though technology was available to adopt a higher standard. Writing for a 3-0 appeals court panel, Circuit Judge Denny Chin also said the EPA, using its authority under the Clean Water Act…