API: Recent federal court decisions could imperil US GoM oil, gas operations

API: Recent federal court decisions could imperil US GoM oil, gas operations

### Recent Federal Court Decisions Pose Significant Risks to U.S. Gulf of Mexico Oil and Gas Operations

In a recent development that has sent shockwaves through the oil and gas industry, a federal court decision has potentially imperiled new and existing operations in the Gulf of Mexico (GoM). The American Petroleum Institute (API) has sounded the alarm, warning that without a swift solution, this ruling could halt all oil and natural gas exploration and production activities in the region.

**The Court’s Ruling:**
On August 19, 2024, the U.S. District Court for the District of Maryland ruled that the National Marine Fisheries Service’s (NMFS) biological opinion for oil and gas drilling in the Gulf of Mexico fails to adequately protect the endangered Rice’s whale. The court decided that if a new biological opinion is not completed by December 20, 2024, the existing opinion will lapse, leading to severe bureaucratic bottlenecks and potential disruptions in operations.

**Impact on Operations:**
The Bureau of Ocean Energy Management (BOEM) has cautioned that if a resolution is not found before the court-ordered dismissal of the biological opinion, NMFS could face an overwhelming number of individual consultation requests for daily Gulf activities. This would divert valuable agency time to an exponentially increasing cycle of paperwork, hindering NMFS’ ability to finalize a new biological opinion.

**Industry Concerns:**
API President Mike Sommers wrote to U.S. Commerce Secretary Gina Raimondo, expressing deep concerns about the implications of this ruling. “Without a solution in place, this decision will create a significant bureaucratic bottleneck for the federal government and potentially halt all oil and natural gas operations in the Gulf of Mexico,” Sommers underscored.

**Economic Implications:**
The U.S. Gulf of Mexico accounts for 15% of total U.S. crude oil production, approximately 2 million barrels per day, and 2% of total U.S. natural

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