April 25, 2019 — As cross-arguments continue between the many parties in a federal lawsuit seeking to block seismic testing off coastal waters of East Coast states, three more municipalities in the Carolinas will get their voices heard, while the federal government tries to get some of South Carolina’s specific claims tossed.
Conservation groups, including Georgia’s One Hundred Miles, filed the suit in December in order to stop the seismic testing that is the precursor to offshore oil and gas drilling. The federal government already awarded five companies permits for incidental harassment of marine mammals that would occur during seismic testing.
The federal defendants — the National Marine Fisheries Services, NMFS Assistant Administrator Chris Oliver and Commerce Secretary Wilbur Ross — argue in a Monday filing that South Carolina “states four novel and legally baseless theories raised by no other party in this suit.”
Those claims, according to the federal attorneys, are that 2017 orders by the president and the Commerce secretary were invalid because “they retract putative policies” from the Obama administration, that they seismic testing is a public nuisance, that any survey activities would constitute trespassing and that the survey activities violate admiralty law.