U.S. District Judge Deborah Boardman ruled on August 20, 2024, that the U.S. National Marine Fisheries Services' (NMFS) 2020 biological opinion regarding endangered marine species protection from Gulf of Mexico drilling was flawed. This ruling, prompted by environmental groups, stated that the assessment violated the Endangered Species Act and failed to adequately consider risks from oil spills and vessel strikes. Judge Boardman mandated that a new opinion or a plan for changes must be established by December 20, 2024. Environmental advocates praised the decision, emphasizing the urgent need for better safeguards for vulnerable species such as whales and sea turtles [5d0e8ea0].
In response to the ruling, Senator Bill Cassidy, R-La., warned that this decision could effectively halt almost all oil production in the Gulf of Mexico, describing it as a strategy of 'death by a thousand cuts' aimed at increasing costs and driving projects away. Cassidy criticized federal courts for blocking fracking permits and offshore drilling, asserting that these judicial actions are detrimental to American oil workers. To counteract what he perceives as judicial overreach, he is introducing the REPAIR Act, which aims to streamline permitting processes and mitigate the impact of such rulings [18c98ada].
In a related context, Senator Katie Britt, R-Ala., recently commended NOAA's decision to reject a proposed 10-knot speed limit in the Gulf of Mexico, which was aimed at protecting the Rice's whale. Britt raised concerns about the potential economic impacts of such regulations on the Port of Mobile and local fishing industries. She has previously introduced the WHALE Act to limit maritime regulations concerning the Rice's whale, urging the administration not to finalize the critical habitat designation due to insufficient scientific data [b606d42c].
In another significant legal development, U.S. District Court Judge Louis Guirola Jr. dismissed a lawsuit filed by the Mississippi Sound Coalition aimed at protecting dolphins along the Mississippi Gulf Coast. The lawsuit, initiated in January 2024 against the Army Corps of Engineers regarding the Bonnet Carre’ Spillway operations, argued that the Marine Mammal Protection Act requires permits for actions harming dolphins. The coalition claimed that the spillway's opening for 120 days in 2019 led to the death and sickness of 142 bottlenose dolphins. However, Judge Guirola ruled that the coalition lacked legal standing and failed to demonstrate imminent harm from future spillway openings [ae91dd72].
The National Oceanic and Atmospheric Administration (NOAA) has also announced $20 million in funding to monitor and research harmful algal blooms (HABs) and hypoxia, which pose significant threats to marine ecosystems and economic activities in coastal areas [1ec6f589].
The oil industry has expressed concerns about potential economic disruptions if a new biological opinion is not developed promptly following Judge Boardman's ruling. The ongoing debate highlights the tension between environmental protection and economic interests in the Gulf of Mexico, where drilling activities continue to pose risks to marine life [5d0e8ea0].