September 29th, 2017

​US Court of Appeals for the Fifth Circuit Opinions
United States v. Moss

Docket: 16-30561
Opinion Date: September 27, 2017
Judge: Edith H. Jones
Areas of Law: Criminal Law, Admiralty & Maritime Law

The Fifth Circuit affirmed the district court's dismissal of the Outer Continental Shelf Lands Act (OCSCLA), 43 U.S.C. 1331 et seq., charges against the contractor defendants for failure to state an offense. The court assumed arguendo that section 1350(c) may expose contractors and subcontractors to criminal liability and held that the regulations did not apply to nor do they potentially criminalize defendants' conduct. The court also held that regulations that were specifically directed at lessees and permittees did not extend penalties to contractors and individuals; because the applicable regulatory definitions unambiguously exclude contractors, more general liability provisions did not control; and no prior judicial decision countenanced this action, which was at odds with a half century of agency policy.