Lozman and Safety Regulation of U.S. Outer Continental Shelf Activities

Reprinted with permission from Benedict's Maritime Bulletin.

Among the effects the U.S. Supreme Court decision in Lozman v. City of Riviera Beach may have is to reorder the regulation of ‘‘units,’’ ‘‘facilities,’’ ‘‘devices,’’ ‘‘structures,’’ ‘‘platforms,’’ ‘‘mobile offshore drilling units’’ and ‘‘vessels’’ engaged in the exploration, development and production of offshore U.S. mineral resources. All those terms (and others, like ‘‘industrial vessel’’) have defined meanings that affect which regulatory regime applies and which federal government agency has primary authority to regulate the manmade object operating in U.S. waters. Lozman may have moved some of these objects from the ‘‘vessel’’ category to another category, like the ‘‘facility’’ category, and thereby affected how they are designed, constructed and inspected.