Aug 20 (Reuters) - A U.S. judge at the urging of
environmental groups has thrown out an assessment by a federal
agency governing how endangered and threatened marine species
should be protected from oil and gas drilling in the Gulf of
Mexico.
U.S. District Judge Deborah Boardman in Greenbelt, Maryland,
on Monday ruled the U.S. National Marine Fisheries Services'
so-called "biological opinion" was flawed and did not adequately
address risks species face from oil spills and vessel strikes.
The assessment was issued in 2020 during Republican former
President Donald Trump's administration and was legally
necessary for oil and gas exploration and drilling to be
conducted.
The judge, appointed by Democratic President Joe Biden, said
the assessment violated the Endangered Species Act. She faulted
it for assuming an oil spill like the catastrophic Deepwater
Horizon one in 2010 would not occur.
Boardman gave the agency until Dec. 20 to either complete a
new opinion or "plan for the changes ahead," citing the risk
that her decision if implemented immediately would "disrupt oil
and gas activity in the Gulf without necessarily mitigating the
dangers to listed species."
The decision drew praise from environmental groups including
the Sierra Club and the Center for Biological Diversity, who in
a lawsuit filed in 2020 argued more safeguards were needed for
imperiled whales, sea turtles, and other species.
"The court's ruling affirms that the government cannot
continue to turn a blind eye to the widespread, persistent harms
that offshore oil and gas development inflicts on wildlife,"
Chris Eaton, a lawyer for the plaintiffs at Earthjustice, said
in a statement.
The fisheries service did not respond to a request for
comment.
Three oil industry trade groups, American Petroleum
Institute, the National Ocean Industries Association and the
EnerGeo Alliance, had intervened in the lawsuit to defend the
opinion alongside oil major Chevron ( CVX ).
The trade groups in a joint statement warned of "disruptive
consequences" to the U.S. economy if a new biological opinion
was not timely developed and said its issuance should be of the
"highest priority."
Biden's administration last year had sought to scale back an
oil and gas auction in the Gulf of Mexico by 6 million acres to
reduce conflicts with the endangered Rice's whale habitat. But
the oil and gas industry and the state of Louisiana successfully
sued to expand the auction.