Octopus Arms: The Reach of OCSLA after Valladolid

Similar documents
In The Supreme Court of the United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Supreme Court of the United States

Offshore Oil and Gas Development: Legal Framework

Offshore Oil and Gas Development: Legal Framework

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Discussion of Selected Federal Court Jurisdiction Issues in Oil and Gas Disputes March 10, Jonathan D. Baughman

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

Offshore Oil and Gas Development: Legal Framework

Case 2:13-cv SM-MBN Document 417 Filed 11/20/15 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Herb's Welding v. Gray: "Maritime Employment" Remains Undefined

Torts Offshore - The Rodrigue Interpretation of the Lands Act

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

ADMIRALTY PRACTICUM SPRING 2017 JOSEPH A. CALAMARI ADMIRALTY LAW SOCIETY ST. JOHN S UNIVERSITY SCHOOL OF LAW

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No ROBERT HASTY, Plaintiff - Appellant,

Procrastinators Programs SM

STATUS OF COASTAL LAWSUITS AGAINST THE OIL AND GAS INDUSTRY IN LOUISIANA. By Victor L. Marcello, Talbot, Carmouche & Marcello, Baton Rouge, Louisiana

Calendar No th CONGRESS. 2d Session S. 3643

Ocean Energy Agency Appropriations, FY2016

WikiLeaks Document Release

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA. Case No. 3:12-cv SLG ORDER RE ALL PENDING MOTIONS

The CZMA Lawsuits. An Overview of the Coastal Zone Management Act Suits Filed by Plaquemines and Jefferson Parishes. Joe Norman 9/15/2014

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

Legislation Defining Louisiana's Coastal Boundaries

Case Document 2587 Filed in TXSB on 09/24/13 Page 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Seaman Status Revisited (Yet Again) A Common Ownership Requirement and a New Seagoing Emphasis: Harbor Tug & Barge Co. v. Papai

~upr~m~ ~our~ of th~ ~Init~ ~tai~

Supreme Court of the United States

Journal of the National Association of Administrative Law Judiciary

Storytelling/Themes in Opening and Closing Arguments

Energy Summit Center for Energy Studies. October 26, Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

STEPHEN J. WINDHORST JUDGE

v. D.C. No. CV BJR BOWHEAD TRANSPORTATION COMPANY, an Alaska corporation, Defendant-Appellee.

SOUTHWEST MARINE, INC. v. GIZONI. certiorari to the united states court of appeals for the ninth circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Seaman Status: The Supreme Court Recharts Its Course: Wilander and Gizoni

* * * * * * * COUNSEL FOR PLAINTIFF/APPELLANT, JEFF MASON

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ) ) ) ) ) Plaintiff, the United States of America, alleges upon information and belief as

KERRY BECNEL NO CA-1411 VERSUS COURT OF APPEAL

NORTH AND WEST ALASKA COOPERATIVE ECOSYSTEM STUDIES UNIT. AMENDMENT FOUR TO COOPERATIVE and JOINT VENTURE AGREEMENT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Case Document 1186 Filed in TXSB on 08/12/11 Page 1 of 9 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

A DEVELOPMENTAL CHRONOLOGY OF MARITIME AND TRANSPORTATION LAW IN THE U.S. By Gus Martinez (Last Amended: 02/24/16)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

HARBOR TUG & BARGE CO. v. PAPAI et ux. certiorari to the united states court of appeals for the ninth circuit

2:18-cv RMG Date Filed 01/07/19 Entry Number 59-1 Page 1 of 11

Case 2:10-cv JCZ-JCW Document 87 Filed 02/01/12 Page 1 of 3

Land Ho! Two Words an Injured Longshore or Harbor Worker Never Wants to Hear

Outer Continental Shelf Moratoria on Oil and Gas Development

Case 2:11-cv PM-KK Document 16 Filed 01/06/12 Page 1 of 5 PageID #: 330

A Bankruptcy Primer for the Practitioner

Top Ten Five New Issues in the Jury Charge

United States Court Of Appeals For The Third Circuit. Eagle-Picher Industries, Inc. v. United States Of America, Appellant. No.

In the Circuit Court for Baltimore City Case No. 24-C OT IN THE COURT OF APPEALS OF MARYLAND. No. 45. September Term, 2006 CHRISTOPHER HILL

Admiralty Law - Coloma v. Director, Office of Workers' Compensation Programs: The Battle Over Maritime "Status" Continues

Case 3:12-cv SLG Document 7 Filed 02/27/12 Page 1 of 9

* * * * * * * APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO , DIVISION H-12 Honorable Michael G. Bagneris, Judge

Statutes (The Immigration and Nationality Act) Regulations (8 CFR and also known as administrative law )

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. ) ) Plaintiff, ) ) v. ) ) Defendants. )

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

*The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1217

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ) ) ) ) ) ) FIRST AMENDED COMPLAINT

Maritime Zones Act, 1999 (Act No. 2 of 1999) PART I PRELIMINARY

TOF WHITE PAPER - SECTION re EXTENDED CONTINENTAL SHELF

A BILL FOR [SB. 240] [ ] Maritime Zones 2009 No. C 31. An Act to Repeal the Exclusive Economic Zone Act Cap. E17 LFN 2004 and the

Department of the Interior (DOI) Reorganization of Ocean Energy Programs

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION IN ADMIRALTY NO: 4:16-CV BR

Case CSS Doc 1265 Filed 03/21/17 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

Notice and and The response deadline is September 22, effect not

Oklahoma Journal of Law and Technology

STATUTORY SUPPLEMENT ADMIRALTY AND MARITIME LAW IN THE UNITED STATES

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO UNIFIED PORT DISTRICT,

The Outer Continental Shelf Lands Act Revisited: The Status of the Hornbeck Case and Recent Legislation. Drew F. Cohen*

JOSEPH A. CALAMARI ADMIRALTY LAW SOCIETY

Deepwater Horizon Oil Spill: Highlighted Actions and Issues

Oil Development on Federal Lands and the Outer Continental Shelf

No In the Supreme Court of the United States CARL MORGAN, On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

Virginia s Experience with Offshore Energy Planning

M arine. Security Solutions. News. ... and Justice for All! BWT Downsized page 42

RECENT DEVELOPMENTS IN CLAIM CONSTRUCTION

apreme ourt of toe i tnitel tateg

Admiralty - Laches - Applicability to Claim Based on Unseaworthiness Brought on Civil Side of Federal Court

Case 2:15-cv CJB-JCW Document 39 Filed 05/25/16 Page 1 of 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO:

Supreme Court of the United States

CRS Report for Congress

Case Document 618 Filed in TXSB on 10/15/12 Page 1 of 9

Case 1:18-cv MAD-DJS Document 17 Filed 11/27/18 Page 1 of 9. Plaintiff, 1:18-CV (MAD/DJS) Defendants.

Joseph Collick v. Weeks Marine Inc

Shade v. Great Lakes Dredge

Federal Register / Vol. 60, No. 163 / Wednesday, August 23, 1995 / Notices

Office of Administrative Law Judges 800 K Street. NW, Suite 400 N Washington, DC (202) (202) (FAX)

Louisiana Extends Coastal Boundaries

Scope of Employee Coverage Under the Longshoremen's and Harbor Workers' Compensation Act (Pittston Stevedoring Corp. v.

The Expanding Coverage of the Longshoremen's and Harbor Workers' Compensation Act

The Availability of State Causes of Action for the Wrongful Death of Nonseamen Killed in Territorial Waters: Yamaha Motor Corp. v.

THE WHITE HOUSE Office of the Press Secretary EXECUTIVE ORDER IMPLEMENTING AN AMERICA-FIRST OFFSHORE ENERGY STRATEGY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Transcription:

PRESENTED AT 24 th Annual Admiralty and Maritime Law Conference January 21, 2016 Houston, Texas Octopus Arms: The Reach of OCSLA after Valladolid Matthew H. Ammerman Lewis Fleishman Author Contact Information: Matthew H. Ammerman Law Office of Matthew H. Ammerman, P.C. The Preserve at North Loop 2040 North Loop West, Ste. 390 Houston, Texas 77018 8114 mha@maritimedefense.net 713 227 1404 713 456 2634 (fax) www.maritimedefense.net The University of Texas School of Law Continuing Legal Education 512.475.6700 utcle.org

Octopus Arms: The Reach of OCSLA after Valladolid Table of Contents I. What is the Outer Continental Shelf?... 2 II. Where and How Does OCSLA Apply to Injuries?... 4 A. Start with the Statute: 43 U.S.C. 1333(b)... 4 B. History of the Old Rule in the Fifth Circuit... 5 1. No OCSLA situs-of-injury requirement until 1989... 5 2. 1989 en banc majority in Mills imposes situs-of-injury requirement... 6 3. OCSLA status: a little went a long way... 7 C. Circuit Split between the Third, Fifth, and Ninth Circuit... 8 D. The New Rule: Substantial Nexus or Significant Causal Link... 9 III. Shaping the Boundaries of OCSLA s Reach: Post-Valladolid Opinions... 14 A. Refresher on the 1972 Amendments of the LHWCA and Perini case... 14 B. Marine Carpenter Injured at Shipyard in Houma: Not Covered... 16 C. Electrical Worker Injured During Fabrication of Big Foot: Not Covered... 19 D. Tank-testing Supervisor Hurt in Car Accident on Way to Boat: Covered... 23 E. Tong Operator Injured in Car Accident En Route to Crew Boat: Not Covered... 26 IV. Looking to the Future: Difficult Scenarios... 27 A. Hypothetical: helicopter pilot injured on land... 27 B. Hypothetical: welder employed by subcontractor installing offshore module... 31 C. Hypothetical: offshore worker injured in a car wreck on the way to work... 34 V. Conclusion... 38 Page 1 of 40

Section 1333(b) of the Outer Continental Shelf Lands Act (OCSLA) 1 extends coverage of the Longshore & Harbor Workers Compensation Act (LHWCA) to workers whose injury results from extractive activities on the Outer Continental Shelf (OCS or Shelf). 2 This paper will discuss the contours of OCSLA s statutory reach after the Supreme Court s Valladolid opinion in 2012. 3 I. What is the Outer Continental Shelf? The OCS boundary marks the federal government s province over submerged lands seaward of a state s territorial waters. The OCS starts 9 nautical miles (total of 10.26 land miles) offshore Texas and Florida, and 3 nautical miles (total of 3.45 land miles) offshore Louisiana, California, Alaska and all other states. This is a snapshot 4 of the OCS boundary in the Gulf of Mexico: State Territorial Waters Outer Continental Shelf boundaries in the Gulf of Mexico 1 43 U.S.C. 1333(b). 2 33 U.S.C. 901, et seq. 3 Pac. Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680, 683 (2012). 4 The Bureau of Ocean Energy Management (formerly MMS and BOEMRE) has a wealth of general mapping information pertaining to the OCS. http://www.boem.gov/maps-and-gis-data/ (last visited 12/9/15). Page 2 of 40

The OCSLA shortened to just OCSLA in maritime parlance was passed by Congress in 1953. 5 It is a broad law that gives the U.S. Secretary of the Interior responsibility for the administration of exploration and development of the OCS. Section 1333(b) of OCSLA extends the remedies of the Longshore & Harbor Workers Compensation Act (LHWCA) to injuries or deaths of employees resulting from operations on the OCS for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources [of the Outer Continental Shelf]. 6 Therefore, benefits available under OCSLA are the same benefits available under the LHWCA. As with the LHWCA, employers may be liable for OCSLA workers compensation benefits but are shielded from tort lawsuits by the employee. In most cases, OCSLA covers claims by non-seaman against their employers for injuries or death on a fixed offshore platform or other structures (e.g., jack-up rig, lift boat, crew boat, helicopter, etc.) on or above the Outer Continental Shelf. Liability for federal workers compensation benefits under OCSLA is one of many offshore remedies for personal injury. Workers not covered under OCSLA include: Seamen, whose personal injury remedies are provided under the Jones Act and general maritime law, are excluded from coverage under OCSLA. 7 For example, a crew boat captain s personal injury claims against his employer for an incident on the OCS while carrying supplies to a platform is not covered by OCSLA. 8 The captain would be 5 OUTER CONTINENTAL SHELF LANDS ACT, 83 P.L. 212; 67 STAT. 462; 83 CONG. CH. 345. (August 7, 1953)(current version at 43 U.S.C. 1331, et seq.). 6 43 U.S.C. 1333(b). 7 43 U.S.C. 1333(b)(1). 8 See, e.g., Noble Drilling Corp. v. Smith, 412 F.2d 952, 954 (5th Cir. 1969). Page 3 of 40

Find the full text of this and thousands of other resources from leading experts in dozens of legal practice areas in the UT Law CLE elibrary (utcle.org/elibrary) Title search: Octopus Arms: The Reach of OCSLA after Valladolid Also available as part of the ecourse Admiralty & Maritime Federal Law Update First appeared as part of the conference materials for the 24 th Annual Admiralty and Maritime Law Conference session "Octopus Arms: The Reach of OCSLA after Valladolid"