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Jurisdictional question revived in suits over coastal loss

August 6, 2021 — The question of whether lawsuits blaming big oil companies for loss of vulnerable Louisiana coastal wetlands will be tried in state courts, as local parish governments want, or in federal courts, as the oil companies want, has been revived by a federal appeals panel.

Thursday’s ruling at the 5th U.S. Circuit Court of Appeals in New Orleans was a partial victory for the oil companies and a partial reversal of a decision the same court made a year ago. But a lead attorney for parishes suing the oil companies claimed victory, too, saying the decision effectively means at least 15 of the 42 lawsuits still face state trials — and the remainder could, too, pending more federal court review.

“The decision is in our favor,” lawyer John Carmouche said.

In August 2020, a panel of three 5th Circuit judges upheld federal district judges’ rulings keeping the issue in state court, where coastal parishes’ attorneys want them tried. But the oil companies pressed for reconsideration. Arguments were heard in October, and Judge James Ho, author of the 2020 opinion, wrote Thursday that the district courts should take another look.

Read the full story at the Associated Press

Engaging Anglers to Improve Catch and Release Practices and Restore Reef Fish in the Gulf

June 14, 2021 — The following was released by NOAA Fisheries:

NOAA’s Deepwater Horizon restoration partners at the Gulf States Marine Fisheries Commission selected three new partners to conduct studies on reef fish restoration in the Gulf of Mexico. They were chosen through a competitive process, and the awards total approximately $690,000.

These studies are contributing to a $30 million project to encourage anglers to use fish descending devices. These devices increase survival of reef fish experiencing barotrauma in the Gulf’s recreational fisheries approved by the Deepwater Horizon Open Ocean Trustees.

Barotrauma is damage caused by the rapid expansion of gases in fish that are caught in deeper water and quickly brought up to the surface. As the gases expand, they can damage the eyes, stomach, and other parts of the fish. This makes it difficult for them to swim back down and survive once released. Descending devices help fish by quickly releasing them at their normal depth, reducing the number of reef fish that die from catch and release fishing.

Read the full release here

New Senate effort to keep oil rigs away from the Jersey Shore pushed by Menendez

May 27, 2021 — Legislation to permanently ban offshore drilling off the Atlantic Coast was introduced Wednesday by U.S. Sen. Robert Menendez, the latest effort by New Jersey’s federal lawmakers to keep oil rigs away from the Jersey Shore.

The bill would prevent the Interior Department from issuing any leases in the Atlantic Ocean or the Straits of Florida. The Atlantic Coast had been placed off limits to oil exploration through 2022 under the Interior Department’s five-year drilling plan, but Donald Trump tried to open most of the waters around the U.S. to drilling.

President Joe Biden put a stop to Trump’s efforts during his first week in office.

“As we turn the corner on the pandemic and hope for near-normal crowds and a strong summer for businesses at the Jersey Shore, the last thing we need is to open our coast up for a manmade disaster like an oil spill that threatens an already fragile economy,” Menendez said.

“Our boardwalks, restaurants, small businesses, and fishing industries depend on the health and safety of our beaches and the millions of tourists and day-trippers they attract,” he said.

Read the full story at NJ.com

Alaska suggests opening part of Kachemak Bay to subsurface gas leasing

April 30, 2021 — Oil and gas leasing isn’t allowed in Kachemak Bay. The state blocked development there after an oil rig got stuck and leaked oil into the bay in 1976.

But legislation proposed by Gov. Mike Dunleavy would allow the state to sell subsurface gas-only leases in part of Kachemak Bay, so oil and gas companies could drill into undersea reservoirs from miles away.

More broadly, the bill would permit subsurface leasing and drilling where surface drilling is currently prohibited. And the bill’s opponents say that would unravel state restrictions meant to protect wildlife.

Haley Paine, deputy director of the Alaska Division of Oil and Gas, told the House Fisheries Committee the point of the legislation is to capture royalties for the state.

Read the full story at KDLL

Nearly $100 Million Proposed to Restore Gulf-wide Resources Impacted by Deepwater Horizon

March 23, 2021 — The following was released by NOAA Fisheries:

NOAA and the Deepwater Horizon Regionwide Trustee Implementation Group is seeking public input on their first draft restoration plan (PDF, 346 pages). The group, exemplifying collaboration and coordination among the trustees, includes all four federal agencies and all five Gulf states restoring the environment after the 2010 oil spill. Wildlife and other natural resources affected by the spill often live and migrate across jurisdictional boundaries, which requires a region-wide approach to restoration. This approach also links projects across regional jurisdictions.

The plan proposes $99.6 million for 11 restoration projects across all five states bordering the Gulf of Mexico. It also targets specific locations in Mexico and on the Atlantic coast of Florida. Comments will be accepted through May 6, 2021 and the trustees are hosting two public webinars on April 15, 2021.

Proposed Project Alternatives

The draft restoration plan evaluates projects to restore natural resources injured by the Deepwater Horizon oil spill. It proposes a portfolio of projects restoring sea turtles, marine mammals, oysters, and birds. The 11 proposed projects include:

  • Four projects ($18.6 million) will restore sea turtles through projects focusing on nesting beaches, enhancing stranding and salvage networks, and collaborating with recreational and commercial fisheries to reduce bycatch and to gather information to inform potential future restoration projects
  • One of the sea turtle projects, the “Restore and Enhance Sea Turtle Nest Productivity” project, includes components located on key sea turtle nesting beaches on the Atlantic coast of Florida and in Rancho Nuevo, Mexico
  • Three projects ($7.2 million) will restore marine mammals through enhancing stranding and salvage networks and working with fisheries, including collaborating with shrimp fishing communities to reduce dolphin entanglements in gear, and hook-and-line fisheries to reduce dolphin injuries and deaths
  • One project ($35.8 million) will increase the resilience of and restore oyster reefs by linking brood reefs and sink reefs in each of the five Gulf of Mexico states
  • Two projects ($31 million) will restore birds through habitat restoration and nesting colony management
  • Additionally, one project ($7 million) will restore both sea turtles and birds through the removal of marine debris

The estimated combined cost of the proposed projects is $99.6 million. The broad geographic areas covered ensure restoration efforts are comprehensive and effective for the entire ecosystem. The proposed projects in the draft plan may also complement projects planned or underway in other restoration areas.

We appreciate the great response to our request for project ideas. We screened than 5,100 project ideas for consistency with priorities identified in the request and the Trustee Council’s Programmatic Restoration Plan.

Read the full release here

Study finds significant liver damage in Gulf of Mexico red snapper

March 17, 2021 — A study completed by researchers from the University of South Florida has revealed almost every red snapper studied in the Gulf of Mexico in the wake of the Deepwater Horizon spill showed signs of liver damage.

Red snapper is the latest Gulf species studied by researchers at the USF College of Marine Science in the wake of the devastating 2010 oil spill. Erin Pulster, a USF researcher and lead author of the study, said the results give “early warning signs of a compromised ecosystem.” Pulster and her team recently had their findings published in Aquatic Toxicology.

Read the full story at Seafood Source

THE VIRGINIAN PILOT: Congress must ban drilling off Virginia coast

March 16, 2021 — For a state heavily dependent on Navy operations and tourism to drive its economy, particularly in Hampton Roads, Virginia should welcome efforts to permanently ban oil and gas exploration off the coast.

The prospect of drilling rigs perched in the Atlantic — with their perpetual threat of environmental calamity — should send shivers across the commonwealth, and a new push to enact a ban deserves Virginia’s enthusiastic endorsement.

Rep. Donald McEachin, a Democrat representing Virginia’s 4th Congressional District, introduced a bill barring the Interior Department from issuing leases for exploration or production of oil or gas off Virginia, North Carolina, Maryland and Delaware. McEachin has introduced similar legislation in the past, but it got nowhere.

In recent years, the fate of drilling off Virginia’s coast has been swinging in the partisan political winds.

Read the full story at The Virginian Pilot

Red Snapper in the Gulf show signs of stress after Gulf oil spill

March 12, 2021 — Nearly 100 percent of the red snapper sampled in the Gulf of Mexico over a six-year period by University of South Florida (USF) marine scientists showed evidence of liver damage, according to a study reported in Aquatic Toxicology.

The study is the first to correlate the concentration of crude oil found in the workhorses of the digestive system — the liver, gall bladder, and bile — with microscopic indicators of disease, such as inflammation, degenerative lesions, and the presence of parasites. The team sampled nearly 570 fish from 72 Gulf locations between 2011 to 2017 in the wake of the historic 2010 Deepwater Horizon oil spill.

“The results add to the list of other species we’ve analyzed indicating early warning signs of a compromised ecosystem,” said Erin Pulster, PhD, first author of the study and researcher at the USF College of Marine Science.

Pulster and the team of researchers studying oil pollution in Gulf of Mexico fishes have previously reported high levels of oil exposure in yellowfin tuna, golden tilefish, and red drum as well.

The Gulf of Mexico not only experiences hundreds of annual oil spills with long-lasting effects such as the historic Deepwater Horizon spill in 2010 but is routinely subject to intense shipping traffic and collects pollutants from faraway places that flow in from coastlines and rivers like the Mighty Mississippi and the Rio Grande.

In this study Pulster and the team looked specifically at the most toxic component of crude oil called polycyclic aromatic compounds, or PAHs. PAH sources include old oil and gas rigs, fuel from boats and airplanes, and natural oil seeps, which are fractures on the seafloor that can add millions of barrels of oil to the Gulf every year.

Read the full story at Science Daily

Red Snapper in the Gulf show signs of stress

March 11, 2021 — Nearly 100 percent of the red snapper sampled in the Gulf of Mexico over a six-year period by University of South Florida (USF) marine scientists showed evidence of liver damage, according to a study reported in Aquatic Toxicology.

The study is the first to correlate the concentration of crude oil found in the workhorses of the digestive system—the liver, gall bladder, and bile—with microscopic indicators of disease, such as inflammation, degenerative lesions, and the presence of parasites. The team sampled nearly 570 fish from 72 Gulf locations between 2011 to 2017 in the wake of the historic 2010 Deepwater Horizon oil spill.

“The results add to the list of other species we’ve analyzed indicating early warning signs of a compromised ecosystem,” said Erin Pulster, Ph.D., first author of the study and researcher at the USF College of Marine Science.

Pulster and the team of researchers studying oil pollution in Gulf of Mexico fishes have previously reported high levels of oil exposure in yellowfin tuna, golden tilefish, and red drum as well.

Read the full story at PHYS.org

West Coast lawmakers try again for drilling ban

February 10, 2021 — U.S. senators from the West Coast, looking to build on the Biden administration’s pause on new offshore oil leases, are again pushing for a ban on drilling off Washington, Oregon and California.

At the end of January Sens. Patty Murray and Maria Cantwell, both D-Wash., introduced the “West Coast Ocean Protection Act” to permanently ban offshore drilling in federal waters off the West Coast. Cantwell is a senior member of the Senate Energy and Natural Resources Committee and in a position to push the measure there.

Murray and Cantwell say their intent is to make permanent an existing moratorium on drill leasing in those federal waters, to prevent a repeat of the Trump administration’s attempt to reopen them for oil and gas exploration.

“The Pacific Ocean provides vital natural resources for Washington state, and offshore drilling puts everything from local jobs and ecosystems at risk,” Murray said in a Jan. 29 joint statement with Cantwell. “We need this permanent ban to safeguard our coastal environment and our state’s economy, including fisheries, outdoor recreation, and so much more.”

Read the full story at National Fisherman

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