### Court Orders NMFS to Enhance Protections for Rice’s Whales in Gulf of Mexico Oil and Gas Drilling
In a significant ruling issued on August 19, 2024, by the United States District Court for the District of Maryland, the National Marine Fisheries Service (NMFS) has been directed to revise its biological opinion for oil and gas drilling in the Gulf of Mexico to better protect endangered species, particularly the Rice’s whale and the Gulf sturgeon.
The decision comes as a result of a lawsuit filed by environmental groups, including Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network, nearly four years ago. These organizations challenged the legality of NMFS’ existing biological opinion, arguing that it underestimated the risks and harms of oil spills to protected species. The court found that the 2020 biological opinion was flawed because it assumed the populations of the Rice’s whale and Gulf sturgeon remained as large as before the catastrophic Deepwater Horizon oil spill, which significantly diminished their numbers.
Moreover, the court pointed out that NMFS had only addressed two of the five identified stressors likely to jeopardize the Rice’s whale, and failed to provide a clear explanation of how mitigation measures would actually protect the species. The court concluded that the biological opinion was unlawful and must be vacated.
NMFS has acknowledged the need for a revised biological opinion and has begun working on it. The regulator aimed to complete the review by the end of 2024 but anticipates it might stretch into spring 2025. The biological opinion will need to thoroughly reassess the risks posed by oil and gas activities to these endangered species and provide more robust mitigation measures.
The ruling has significant implications for the offshore oil and gas industry in the Gulf of Mexico. Oil and gas groups expressed disappointment, highlighting concerns about the potential disruptions to energy production and the economic impacts. The American Petroleum Institute, the National Ocean Industries Association, and the EnerGeo Alliance emphasized that timely completion of