**Federal Court Orders Improved Protections for Rice’s Whales in Gulf of Mexico Oil and Gas Operations**
In a significant ruling, the United States District Court for the District of Maryland has critically appraised the National Marine Fisheries Service’s (NMFS) biological opinion on oil and gas drilling in the Gulf of Mexico, deeming it insufficient to safeguard an endangered marine species, the Rice’s whale (_Balaenoptera ricei_). The decision underscores the urgent need for enhanced protective measures, sparking a legislative and regulatory response.
### Background and Ruling
The lawsuit, _Sierra Club v. NMFS_, was filed by environmental groups including Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network. These organizations challenged the legality of the NMFS’s initial biological opinion, arguing it underestimated the risks and harm associated with oil spills and inadequately protected the Rice’s whale and the Gulf sturgeon. The court concurred, stating that the proposal failed to account for the significant population loss of these species post the catastrophic Deepwater Horizon oil spill, despite earlier records indicating significant diminishment.
Key points highlighted in the ruling include:
– **Flawed Risk Assessment**: The NMFS biological opinion was deemed flawed for its underestimation of oil spill risks to protected species.
– **Insufficient Mitigation**: The agency addressed only two of the five identified stressors potentially jeopardizing the Rice’s whale, without providing a clear explanation of how mitigation measures would actually protect the species.
– **Jeopardy Analysis Critique**: The court acknowledged that the populations of both the Rice’s whale and the Gulf sturgeon have diminished since their pre-spill estimates, contrary to the NMFS’s assumption.
### Consequences and Reactions
The Federal Court’s decision threatens the current federal offshore oil and gas leasing practices in the Gulf of Mexico. Energy trade associations including the American Petroleum Institute, National Ocean Industries Association, and EnerGeo Alliance expressed disappointment and raised concerns about the