Saving Seafood

Judge’s ruling likely ends seismic testing off coast for years

October 9, 2020 — Seismic testing off the coast of South Carolina is likely finished for several years after a federal judge dismissed a 2018 lawsuit on Tuesday.

The suit, filed by the Coastal Conservation League, took aim at the National Marine Fisheries Service for issuing preliminary seismic testing permits off the state’s coast.

U.S. District Judge Richard Gergel dismissed the suit because there are currently no pending applications for either of the two permits needed to proceed with seismic testing, and a Nov. 30 application deadline for one, coupled with a lengthy approval process, means any approvals would be moot by the time a trial occurred, Gergel said.

Read the full story at the Charleston Regional Business Journal

Trump plan to allow seismic blasts in Atlantic search for oil appears dead

October 2, 2020 — The Trump administration’s plan to drill off the Atlantic Coast for the first time in more than half a century is on the brink of collapse because of a court development Thursday that blocked the first steps to offshore oil and gas exploration, as well as the president’s recent actions that undermine his own proposal.

Opponents of the drilling declared victory on Thursday after the government acknowledged that permits to allow seismic blasting in the ocean — the first step toward locating oil deposits for drilling — will expire next month and not be renewed.

Nine state attorneys general and several conservation groups filed a federal lawsuit early last year to block seismic blasting, arguing it could harm endangered whales and other marine animals. The court battle dragged out so slowly that, in the meantime, time ran out on the permits.

Donna Wieting, director of the National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration, said in a court declaration, released Tuesday, that her agency “has no authority to extend the terms of those [permits] upon their expiration. Further, NMFS has no basis for reissuing or renewing these [permits].” The five companies that were granted permits would have to restart the months-long process leading to approval or denial, Wieting said.

Also on Thursday, U.S. District Judge Richard Gergel of South Carolina held a telephone conference with all parties of the lawsuit to determine how to move forward. The judge is expected to declare the case moot because the seismic mapping cannot occur without the permits, said Michael Jasny, who was on the call and is director of the Marine Mammal Protection Project at the Natural Resources Defense Council.

Read the full story at The Washington Post

Court: No new offshore drilling work during federal shutdown

January 21, 2019 — A federal judge in South Carolina has turned back the Trump administration’s attempt to continue preparatory work for offshore drilling during the federal government’s partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.

In his order, U.S. District Judge Richard Gergel halted federal agencies “from taking action to promulgate permits, otherwise approve, or take any other official action” for permits to conduct testing that’s needed before drilling work can begin.

The ruling comes a few days after President Donald Trump’s decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.

Earlier this month, South Carolina joined a federal lawsuit opposing the administration’s plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state’s coast.

The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.

Read the full story at the Associated Press