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ARTICLE · 18 MAY 2023

BSEE's Updated Decommissioning Rules Address RUEs And Formalize Predecessor Enforcement Practices

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What started in 2020 as a proposed joint rulemaking between the DOI's Bureau of Safety and Environmental Enforcement ("BSEE") and Bureau of Ocean Energy Management ("BOEM")...

United StatesEnergy and Natural Resources
Jana L. Grauberger
Jana L. Grauberger
Stephen Wiegand
Stephen Wiegand
Valkyrie "Kyrie" Eliana Buffa
Valkyrie "Kyrie" Eliana Buffa
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What started in 2020 as a proposed joint rulemaking between the DOI's Bureau of Safety and Environmental Enforcement ("BSEE") and Bureau of Ocean Energy Management ("BOEM") was recently finalized as a stand-alone BSEE rule addressing decommissioning. BSEE's new regulations focus on Rights-of-Use and Easements ("RUEs") and predecessor enforcement practices. At a later date, BOEM intends to issue a new proposed rule that addresses risk management, financial assurance, and loss prevention issues that were originally part of the proposed joint rulemaking.

BSEE's final rule for the first time includes in the agency's decommissioning regulations RUEs and RUE grant holders. RUE grants are authorizations from BOEM to use a portion of the seabed not encompassed by the holder's lease to construct, modify, or maintain platforms, artificial islands, facilities, installations, and other devices that support exploration, development, or production of oil

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