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Appeals Court News

25 Mar 2024

US Dredging: Plenty of Issues, New WRDA on the Way

(Photo: Janet Meredith / U.S. Army Corps of Engineers)

2024 marks another year for development of a biennial WRDA bill—Water Resources Development Act, critical legislation for the Nation’s waterways, ports and harbors. WRDA encompasses a range of issues, from environmental regs to energy use to agriculture and, of course, a focus on projects critical for economic growth.Because these are dynamic and timely issues, Congress and the maritime sector like to keep WRDA on a two-year reauthorization timeline. Indeed, the House Transportation & Infrastructure Committee, December and January, held three WRDA information hearings.

13 Feb 2024

Oil Industry, Green Groups Challenge Biden Offshore Drilling Plan

© Lukasz Z / Adobe Stock

Oil and gas companies and environmental groups on Monday filed dueling legal challenges to the Biden administration's five-year plan to offer drilling leases in the Gulf of Mexico.The petitions to a U.S. appeals court come four months after the Interior Department unveiled a congressionally-mandated plan for offshore leasing that included just three sales, the lowest since the government began publishing the schedules in 1980.The American Petroleum Institute, an oil and gas trade group…

15 Nov 2023

US Appeals Court Scraps Sempra's Port Arthur LNG Emissions Permit

(Image: Sempra)

A U.S. court has removed an emissions permit for Sempra's Port Arthur LNG export terminal in Texas, potentially halting construction of the facility.In its decision, the U.S. Court of Appeals for the Fifth Circuit on Tuesday found that the Texas Commission on Environmental Quality (TCEQ) failed to impose the same emissions limits on the Port Arthur plant as on other projects, including the Rio Grande LNG project which is now under construction.The approximately 13.5 million-metric…

15 Nov 2023

US Appeals Court Orders Gulf Lease Auction Within 37 Days

Source: Earthjustice, Credit: NOAA

A U.S. appeals court on Tuesday ordered that a postponed federal auction of drilling rights in the Gulf of Mexico be held within 37 days, a setback for environmentalists seeking expanded protections for the endangered Rice's whale.According to court papers, the New Orleans-based U.S. Court of Appeals for the 5th Circuit dismissed an effort by four green groups to block an expansion of the sale ordered by a lower court judge in September.The judges said the groups lacked standing to challenge the September decision.

02 Nov 2023

US Postpones Gulf of Mexico Oil and Gas Auction Due to Litigation

Credit: james_pintar/AdobeStock

The Biden administration on Thursday postponed a Nov. 8 sale of offshore drilling rights in the Gulf of Mexico pending the outcome of a lawsuit over oil and gas development and federal protection of an endangered species of whale.The move comes after a U.S. appeals court on Oct. 26 temporarily paused a lower court order requiring the Interior Department's U.S. Bureau of Ocean Energy Management (BOEM) to expand the auction, which was originally scheduled to be held in September.Oral arguments are scheduled for Nov.

27 Oct 2023

U.S. Appeals Court Blocks Gulf of Mexico Oil and Gas Sale Expansion, Pending Appeal

Credit: donvictori0/AdobeStock

A U.S. appeals court on Thursday temporarily paused a federal judge's order last month that had required the Biden administration to expand a planned offshore oil and gas auction in the Gulf of Mexico by 6 million acres (2.4 million hectares).The U.S. Court of Appeals for the 5th Circuit stayed the September decision pending an appeal, according to a court document. Oral arguments are scheduled for Nov. 13 in New Orleans.The order was the latest in a legal fight over offshore drilling and federal protection of an endangered species of whale.

06 Oct 2023

US Sets Date for Gulf of Mexico Lease Sale After Court Order

Credit: Lukasz Z/AdobeStock

The Biden administration on Thursday said it would hold an auction of oil and gas leases in the Gulf of Mexico on Nov. 8 following a court order to expand the sale.In a statement, the U.S. Bureau of Ocean Energy Management said the sale would offer about 72.7 million acres on the Outer Continental Shelf, including 6 million acres it had withdrawn from the auction in an effort to protect the endangered Rice's whale habitat.Last month, a U.S. appeals court gave the administration until Nov. 8 to hold the sale, which was originally scheduled for Sept. 27.

02 Oct 2023

Biden Angers All Sides with Scaled Back Offshore Oil Drilling Plan

Credit: Lukasz Z/AdobeStock

The Biden administration's plan to slash offshore oil and gas leasing drew fire from both the fossil fuel industry and environmentalists on Friday, with energy companies saying it will raise fuel prices and greens saying it undermines efforts to stop global warming. The criticism from both sides reflects the difficulty Biden's White House has had in dealing with U.S. oil extraction policies, as it seeks to balance national energy security with the need to cut greenhouse gas emissions to fight climate change.

27 Sep 2023

BOEM Postpones Oil and Gas Lease Sale 261

© Lukasz Z / Adobe Stock

The U.S. Interior Department's Bureau of Ocean Energy Management (BOEM) said on Tuesday it will postpone its next sale of oil leases in the Gulf of Mexico.The agency said it will not hold Lease Sale 261 on September 27, 2023, as originally planned as a result of last week's ruling by the U.S. Court of Appeals for the Fifth Circuit ordering an expansion of acreage being offered after BOEM earlier reduced the area in an effort to protect an endangered whale species."The order allows time for a more orderly lease sale process…

11 Jul 2023

US Court Revives Lawsuit Against Royal Caribbean Over Toddler's Death

© JULOR / Adobe Stock

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…

17 May 2023

Alaska LNG Project Clears Legal Hurdle

(Image: Alaska LNG)

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…

18 Aug 2022

US Court Vacates Decision to Block Federal Oil, Gas Leasing Pause

Credit: Lukas Z/AdoheStock

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…

08 Jun 2022

Greek Court Overturns Decision on US Seizure of Iranian Oil Cargo

A Greek court on Wednesday overturned an earlier court ruling that allowed the confiscation by the United States of part of a cargo of Iranian oil on an Iranian-flagged tanker off the Greek coast, three sources familiar with the matter said.The incident had led to an angry response by Iran, with Iranian forces last month seizing two Greek tankers in the Gulf after Tehran warned it would take "punitive action" against Athens.Iran had also appealed the original court decision, one legal source said, declining to be named."The action for the reversal of the ruling was accepted by the court," the source said. "It will be hard to overrule that (the appeal court's ruling)."It was not immediately clear if the U.S.

20 Jan 2022

Appeals Court Revives BP’s Fight Over Deepwater Cleanup Workers’ Claims

Crewmembers on board Coast Guard Cutter Walnut deploy an oil skimmer into oil the ship collects in its inflatable boom, July 2, 2010. The Walnut, homeported in Honolulu, Hawaii has been temporarily redeployed to the Gulf of Mexico to aid in the BP Deepwater Horizon response. - Credit:  Deepwater Horizon Response/(CC BY-ND 2.0)

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.

01 Oct 2021

5th Circ. Won't Reconsider Ruling on FLSA Exemption for Seamen

© Pongpob / Adobe Stock

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…

26 Jul 2021

A Win for Florida: Appeals Court Lifts CDC Cruise Ship Restrictions

Credit: Solarisys/AdobeStock

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…

19 Jul 2021

U.S. Appeals Court Blocks Ruling that Would Have Suspended CDC Cruise Ship Rules

Illustration - Cruise ships in Miami - Credit: jovannig/AdobeStock

A U.S. appeals court late Saturday in a 2-1 ruling put on hold a lower-court decision that said the U.S. Centers for Disease Control and Prevention (CDC) could not enforce its coronavirus cruise ship rules in Florida.Last month, U.S. District Judge Steven Merryday in siding with Republican-led Florida found the state was "highly likely" to show the CDC exceeded its authority in adopting rules governing the resumption of cruise ship sailing.The brief order from the 11th Circuit panel came about 10 minutes before Merryday's ruling was to take effect on Sunday…

14 Apr 2021

U.S. Appeals Court Affirms Atlantic, Arctic Offshore Leasing Bans

Sea Ice in the Chukchi Sea  - Credit: NASA Goddard Space Flight Center Under CC BY 2.0 License

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.

11 Dec 2017

Advanfort Issues Statement on Release of 'Seaman Guard Ohio' Crew

AdvanFort: the firm is delighted that an Indian appeals court has acquitted and released the 35 crew members and security personnel who were aboard the MV Seaman Guard Ohio when it was illegally detained on October 12, 2013. The Indian Government’s unlawful seizure of the Seaman Guard Ohio and four-year imprisonment of these men on unfounded charges was a gross violation of international law and basic human rights. AdvanFort has expended significant resources and effort to seek the release of these wrongfully detained men and is pleased that justice finally has prevailed. The men of the Seaman Guard Ohio have demonstrated incredible strength and resilience during their prolonged captivity under horrific conditions.

24 Oct 2017

Fiat Chrysler Sues Shippers over Alleged Price Fixing

(File photo: Wallenius Wilhelmsen Logistics AS)

The automaker wants the Federal Maritime Commission to order payments from Wallenius Wilhelmsen Logistics AS and its sister company EUKOR Car Carriers Inc, Nippon Yusen Kabushiki Kaisha, Mitsui O.S.K. Lines Ltd, Compania Sud Americana de Vapores, Hoegh Autoliners AS and affiliated companies. Fiat Chrysler filed its complaint on Oct. 17. All but one of the shippers sued by Fiat Chrysler pleaded guilty and admitted to price fixing as part of a Justice Department investigation. The remaining firm, Hoegh, agreed last month to plead guilty and pay a $21 million criminal fine.

09 Jan 2017

Norway Appeals Court Clears Transocean in Tax-evasion Case

Offshore rig firm Transocean was cleared of accusations of tax evasion in a civilian case brought by the Norwegian state, a Norwegian appeals court said in a verdict on Monday.   By reversing the verdict made by a lower court, Transocean avoided claims of about 400 million Norwegian crowns ($47 million) to the Norwegian tax authorities.   In January, Norwegian police said they had dropped a planned appeal in a criminal case against Transocean declaring that the company and its advisers were considered innocent in the decade-long tax fraud case.   The civilian case was based on the same foundation as the criminal case, the court said in the verdict.   (Reporting by Stine Jacobsen; Editing by Louise Ireland)

17 Mar 2016

Transocean Defeats Shareholder Appeal over Gulf Spill

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.

31 May 2016

Costa Concordia Captain's Sentence Upheld

Costa Concordia (File photo courtesy of Boskalis)

The prison sentence against the former captain of the Costa Concordia cruise liner for his role in the deadly 2012 shipwreck was upheld on Tuesday by an Italian court. Both Francesco Schettino, who was commanding the ship when it hit rocks off the Tuscan island of Giglio, killing 32 people, and the prosecutor had appealed against the 16 years and one month sentence handed down last year. But the Florence appeals court upheld the term. Schettino was found guilty last year by a different court of multiple manslaughter…