Outer Continental Shelf Lands Act ("OCSLA")
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue the Outer Continental
Shelf Lands Act ("OCSLA"):
In
re Graham Offshore
Fifth Circuit Court of Appeals
April 9, 2002
Maritime Torts/Outer Continental Shelf
Lands Act ("OCSLA"): Nothing in the Coast Guard mandated Emergency
Evacuation Plan ("EEP") imposes a legal duty on the rig owner to oversee
the operations of the boat that is used to evacuate personnel from the
rig, which is instead the duty of the boat owner and the boat's time charterer.
Dahlen
v. Gulf Crews, Inc.
Fifth Circuit Court of Appeals
February 4, 2002
Longshore & Harbor Workers' Act/Charter
Parties: The standard of care owed a longshore worker by a vessel owner
as articulated in Scindia and
Howlett does not explicitly
apply to time charterers. But, as no other case articulating the duty owed
by a time charterer in such a situation could be found, the district court
did not abuse its discretion by issuing a jury instruction that applied
Scindia
to the time charterer. Indemnity: The vessel owner did not owe the
time charterer an indemnity under the charter's indemnity and insurance
clause since the injury to Plaintiff did not arise out of or relate to
the performance of the vessel during the charter. Admiralty Jurisdiction/Outer
Continental Shelf Lands Act ("OCSLA"): The district court erred in
applying the Admiralty Extension Act, 46 U.S.C. § 740, and maritime
law since Plaintiff's alleged injury was not caused by the defective appurtenance
of a ship on navigable waters and, furthermore, the OCSLA specifically
regards the artificial islands on the OCS as areas where state law should
apply unless there is a conflict with federal law.
Pickett
v. Petroleum Helicopters
Fifth Circuit Court of Appeals
September 28, 2001
Longshore & Harbor Workers' Act/Outer
Continental Shelf Lands Act ("OCSLA"): Claimant spouse could not recover
under the Longshore Act as applied by the Outer Continental Shelf Lands
Act ("OCSLA"), 43 U.S.C. § 1333(b), since her husband's death from
a helicopter crash occurred over land and not over the Outer Continental
Shelf.
Demette
v. Falcon Drilling Co.
Fifth Circuit Court of Appeals
June 12, 2001
Outer Continental Shelf Lands Act ("OCSLA"):
The OCSLA applies to an injury suffered on the Fal-Rig #85 since it was
jacked-up over the OCS at the time of Demette's injury and it was therefore
a device "temporarily attached to the seabed" for the purpose of drilling
for oil under section 1333(a)(1) of the Act. Further, since the contract
for oil drilling services and the injury that invoked it were maritime
in nature, maritime law applies of its own force and Louisiana state law
does not apply under section 1333(a)(2) of the Act. Longshore &
Harbor Workers' Act/Indemnity: Since section 1333(b) of the OCSLA extends
the LHWCA to non-seamen employed on the OCS, Demette is entitled to LHWCA
benefits "by virtue" of the OCSLA. In such a case, the LHWCA provides that
reciprocal indemnity provisions between the employer and the vessel owner
are enforceable, although section 905(b) of the LHWCA ordinarily bars the
enforcement of indemnity agreements between employers and vessel owners.
Thus, since Demette's employer and the vessel owner each promised to indemnify
the other, the indemnification is reciprocal and therefore valid and enforceable.
Shell
Offshore v. Babbitt
Fifth Circuit Court of Appeals
January 12, 2001
Outer Continental Shelf Lands Act ("OCSLA"):
The
denial of Shell's request to use its Federal Energy Regulatory Commission
(FERC) tariff rate as the cost of transporting crude oil produced from
certain of Shell's offshore oil and gas leases for purposes of calculating
Shell's royalty payments due the Interior Department was in essence the
application of a new substantive rule that required notice and comment
before implementation, thus Shell was entitled to use the FERC tariff rate
to calculate transportation costs for all of the offshore oil at issue.
Soco
Offshore Inc v. Samedan Oil Corp
Fifth Circuit Court of Appeals
April 13, 2000
Outer Continental Shelf Lands Act ("OCSLA"):
In
determining whether an offshore area was "adjacent" to Alabama under the
OCSLA, the court considered geographic proximity, federal agency action,
prior court determinations and projected boundaries. The Court affirmed
the district court's finding that the offshore area was adjacent to Alabama,
thus Alabama law is considered the law of the United States in the area
and will govern in deciding a dispute between the parties under a joint
operating agreement for development of a federal oil and gas lease in the
offshore area. |