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Us Court Of Appeals News

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.

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.

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…

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…

09 Mar 2023

US Needs Until Year-end to Complete Offshore Drilling Plan

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The Biden administration needs until the end of this year to finalize a long-awaited five-year plan for offshore oil and gas development in federal waters, according to court documents filed this week.The U.S. has been without a congressionally-mandated five year schedule of offshore oil and gas auctions since the previous one expired in June 2022. The process is being closely watched by the oil and gas industry, which has pressed for more leasing to boost domestic fuel supplies, and by environmentalists, who say drilling conflicts with President Joe Biden's promise to fight climate change.

10 Nov 2022

Chris Hughey Named FMC General Counsel

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U.S. federal Maritime Commission Chairman Daniel B. Maffei announced Phillip C. “Chris” Hughey has been hired as the General Counsel of the Federal Maritime Commission and appointed to be a member of the Senior Executive Service.In his capacity as General Counsel to the Commission, Hughey will provide legal advice and recommendations to the Chairman and Commissioners on regulatory and policy matters. He will serve as a member of the agency’s senior management team and will also…

22 Jun 2018

Schlumberger Wins in US Supreme Court on Patent Damages

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The U.S. Supreme Court ruled on Friday that companies can recover profits lost because of the unauthorized use of their patented technology abroad in a victory for Schlumberger NV, the world's largest oilfield services provider.The 7-2 decision overturned a lower court's ruling that had enforced limits on applying U.S. patent law overseas and reduced by $93.4 million the damages sum that rival ION Geophysical Corp had to pay for infringing Schlumberger technology that helps find oil and gas beneath the ocean floor.

22 May 2018

Indian Fishermen Hail US Supreme Court Decision to Hear World Bank Suit

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Farmers and fishermen in western India have welcomed a U.S. Supreme Court decision to hear their lawsuit against a World Bank agency, which financed a power plant they blame for damaging the environment and their livelihoods.The U.S. Supreme Court on Monday agreed to hear an appeal by the villagers of a lower court ruling that the International Finance Corp (IFC) was immune from such lawsuits under federal law.The court must now consider for the first time whether international organisations are immune from such suits under federal law…

25 Jan 2017

FMC Commissioner Doyle Rejects Blanket Authorities for Foreign Ro/Ro Carriers

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…

22 Aug 2016

Austal Hosts Christening of YUMA (EPF 8)

Austal celebrated the christening of the Expeditionary Fast Transport ship USNS Yuma (EPF 8) with a ceremony at its state-of-the-art shipyard here, this morning. The ship’s sponsor, former Secretary of Homeland Security and Arizona Governor Janet Napolitano, headlined the group of Austal officials, naval guests, civic leaders, community members and Austal employees who attended the ceremony beneath the hull of the ship in Austal’s final assembly bay. “As a former governor of Arizona, I am especially pleased to sponsor a ship that bears the name of a city whose history is synonymous with the arc of American history,” said Napolitano, who currently serves as the president of the University of California.

05 Apr 2016

Support for Uniform National Discharge Legislation Builds

AWO Pushes VIDA as the solution to the confusing patchwork of federal and state regulations that makes compliance unnecessarily complicated and costly. Even as the ballast water treatment issue becomes more and more confusing – both here and abroad – a united coalition of maritime stakeholders has expressed strong support for S.373, also known as amendment number 3170 (for the current energy bill). The law, known simply as the Vessel Incidental Discharge Act (VIDA), would establish a nationally uniform and environmentally sound standard for ballast water and other vessel discharges, in lieu of the current overlapping patchwork of federal and state regulations that makes compliance complicated, confusing and costly.

09 Oct 2015

AWO Calls on Congress for Vessel Discharges Bill

A federal appeals court ruling handed down this week underscores the urgent need for Congress to pass the Vessel Incidental Discharge Act (VIDA) and establish a uniform federal framework for the regulation of ballast water and other vessel discharges, according to the American Waterways Operators (AWO), the trade association that represents the U.S. tugboat, towboat and barge industry. Vessel discharges – including discharges of ballast water, which vessels use to maintain their stability – are currently regulated in redundant and inconsistent ways by two federal agencies, the Coast Guard and the Environmental Protection Agency, and over two dozen states, the AWO noted. On Monday, the U.S.

22 Sep 2015

Iraqi Kurds Reassert Right to Export Oil to US Despite Court Ruling

Kurdistan reasserted its right to export oil independently to the United States and other countries on Tuesday despite a court ruling in favour of the Iraqi federal government, which has sought to block crude sales from the autonomous region. The U.S. Court of Appeals for the Fifth Circuit in New Orleans on Monday dismissed the Kurdistan Regional Government (KRG)'s bid to overturn an earlier ruling against a planned sale of oil to an unidentified buyer in the U.S. Iraq's federal government filed a lawsuit in a U.S. court last year to thwart the sale of the one million barrel cargo from the Kurdistan region in an ongoing dispute over the right to export oil. The tanker was stuck off U.S.

12 Jul 2015

U.S. Court Finds WesternGeco Patents Valid

The U.S. Court of Appeals for the Federal Circuit recently affirmed the 2014 judgment that ION Geophysical Corp. infringed four seminal WesternGeco LLP patents covering streamer steering technology for marine seismic surveys, and that WesternGeco is the rightful owner of the pioneering technology. In 2009, WesternGeco filed suit for patent infringement against ION's DigiFIN streamer steering system in U.S. federal court in Houston, Texas. ION was found to infringe one patent on summary judgment, and a 2012 jury found that ION infringed three more WesternGeco patents and rejected all of ION's invalidity arguments. The trial court affirmed the jury's verdict, awarded WesternGeco supplemental damages and permanently enjoined ION from continuing to infringe with the DigiFIN system.

10 Mar 2015

Huffman Joins Blank Rome in Houston

Jay T. Huffman (Photo: Blank Rome)

Blank Rome LLP announced that Jay T. Huffman has joined the Firm as an associate in the Maritime, International Trade, and Public Contracts group. He is based in the Firm’s Houston office. Huffman joins Blank Rome from Royston, Rayzor, Vickery & Williams, L.L.P. He concentrates his practice in maritime and energy-related litigation matters, including state and federal cases involving MARPOL violations, collisions, cargo contamination, Jones Act, OCSLA, and LHWCA defense. He also has experience handling serious marine incident investigations…

29 Apr 2014

US Top Court Upholds Cross-State Air Pollution Rule

The U.S. Supreme Court handed President Barack Obama a victory on Tuesday by upholding a federal environmental regulation requiring some states to limit pollution that contributes to unhealthy air in neighboring states. By a 6-2 vote, the court said the U.S. Environmental Protection Agency acted reasonably in requiring 28 states to reduce emissions from coal-fired power plants of sulfur dioxide and nitrogen oxides, which can lead to soot and smog. Writing for the majority, Justice Ruth Bader Ginsburg called the EPA rule a cost-effective way to allocate responsibility for emission reductions among upwind states, and that the EPA need not consider each state's proportionate responsibility for the emissions in question.

18 Apr 2013

K&L Gates Expands Charleston Law Office

Julius H. 'Sam' Hines: Photo credit K&L Gates

K&L Gates LLP welcomes Michael D. Bryan and Julius H. “Sam” Hines as partners in the corporate/M&A & commercial disputes practices respectively. Bryan joins K&L Gates from Nelson Mullins Riley & Scarborough LLP, where he chaired the firm’s sustainable energy group, while Hines arrives from Womble Carlyle Sandridge & Rice, LLP, where he was a leader of the firm’s admiralty and maritime practice group. A maritime lawyer and proctor in admiralty, Hines assists shipping clients in investigating and handling marine incidents such as oil spills…

24 Apr 2013

Former Congress Lawyer to Serve as AdvanFort Legal Counsel

AdvanFort Company said attorney Sheila R. Schreiber has come onboard as its in-house legal counsel. Schreiber brings experience in the private and public sectors. She is a former litigation partner with Howrey LLP, served as counsel to the U.S. House of Representatives Committee on the Judiciary and has extensive experience in the national and international sales of industrial products. Her specialties include commercial, regulatory, employment, intellectual property, corporate and antitrust matters. Schreiber is a cum laude graduate of the University of Pittsburgh law school where she was a member of the Law Review. Her bar and court memberships include the U.S. District Court for the District of Columbia, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit.

25 Apr 2013

Treasure Hunters File Another Suit Against Columbia

Sea Search Armada's (SSA) lawsuit against the Government of Colombia in U.S. District Court, Washington D.C. claims it interfered with SSA's legitimate treasure salvage operations. The galleon San Jose carried coins and precious metals mined and smelted in Peru, and valued by experts to between $4 billion and $17 billion. The ship was sunk outside Cartagena, Colombia in 1708. In 1980, a marine salvage operation was mounted by a group now owned by SSA with the permission and participation of the Colombian government (GOC). After discovering the San Jose wreck site and notifying the GOC, the Colombians reneged on their agreement to share proceeds of any recovered treasure. In 1984, the Colombian Parliament enacted a law eliminating SSA’s claims to its property.

22 Oct 2014

Court Dismisses Boating Industry’s Challenge to EPA Misfueling Rule

The National Marine Manufacturers Association (NMMA) said it is disappointed with the U.S. Court of Appeals decision released on Tuesday, October 21, 2014 for the D.C. Circuit to dismiss the recreational boating industry’s challenge of the Environmental Protection Agency’s (EPA) rule regarding misfueling mitigation plans surrounding the sale of E15. The case specifically challenged the EPA’s plans to prevent misfueling including the use of what NMMA believes is a highly inadequate pump warning label amongst other insufficient means. The court held that those bringing the case, including the American Petroleum Institute (API) and the Engine Products Group (EPG) which includes NMMA…

06 Mar 2014

Shell's US Arctic Policy an 'Ongoing Gamble': Greenpeace Analysis

Image courtesy of Greenpeace

The analysis considers that the US Arctic Ocean presents almost a perfect storm of risks: a requirement for a long-term capital-intensive investment for uncertain return; a remote and uniquely challenging operating environment; ongoing court challenges; a lack of extraction and spill response infrastructure; and the spotlight of the world’s environmental organisations, the US political community and international media. Royal Dutch Shell stands at a strategic crossroads. Its response…