**Court Orders Federal Agency to Enhance Protection for Rice’s Whales in Gulf of Mexico**
In a significant ruling, the US District Court for the District of Maryland has mandated the National Marine Fisheries Service (NMFS) to revamp its biological opinion on oil and gas drilling activities in the Gulf of Mexico. The decision aims to better safeguard the endangered Rice’s whale and the Gulf sturgeon from the adverse impacts of offshore drilling.
### The Court’s Ruling
The court ruled on August 19 that NMFS’s 2020 biological opinion failed to adequately protect these crucial species. The decision criticized NMFS for underestimating the risks and harms of oil spills to protected species, particularly those related to the Rice’s whale and the Gulf sturgeon. The court pointed out that the existing biological opinion mistakenly assumed that the populations of these species remained as large as before the catastrophic Deepwater Horizon oil spill, despite overwhelming evidence indicating significant population declines.
### Flaws in the Existing Opinion
The court highlighted several flaws in the NMFS’s biological opinion. Firstly, it noted that the agency only proposed measures to mitigate two out of five identified stressors likely to jeopardize the Rice’s whale. This significant gap in protective measures was deemed insufficient to ensure the species’ survival. Additionally, the court criticized NMFS for its irrational approach to determining the number of listed species that could be harmed by vessel strikes and for failing to recognize oil spill-related takes as incidental.
### Consequences for Oil and Gas Operations
The ruling could potentially disrupt federal offshore oil and gas leasing activities in the Gulf of Mexico. Environmental groups, including the Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network, have been lobbying for stronger protections for endangered species. The court’s decision could impact future lease sales, which are scheduled for 2025, as any new leasing activities must comply with the updated biological opinion.
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