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

### Recent Federal Court Decisions Pose Significant Threats to US Gulf of Mexico Oil and Gas Operations

The American Petroleum Institute (API) has sounded a warning about the potential disruption of oil and gas operations in the Gulf of Mexico (GoM) following a recent federal court decision. This ruling could significantly impact the industry, leading to potential halts or serious slowdowns in operations, including new and existing production.

#### Legal Challenge and Its Implications

On August 19, a US 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 GoM fails to protect the endangered Rice’s whale. This decision is set to vacate the existing biological opinion, which serves as the regulatory framework for offshore activities in the region, unless a new opinion is completed by December 20, 2024.

The court’s decision has led to concerns from industry stakeholders as it would create a significant bureaucratic bottleneck, diverting valuable agency time to an enormous cycle of paperwork. This, in turn, would hinder NMFS’ ability to finalize a new biological opinion, potentially grounding all permits for routine daily operations.

#### Economic and Environmental Impact

The Gulf of Mexico plays a crucial role in the US energy landscape. It accounts for 15% of total US crude oil production, translating to approximately 2 million barrels per day, and 2% of total US natural gas production. The region is also a significant economic driver, contributing over $34.3 billion to the US GDP and supporting more than 412,000 jobs across the United States. Furthermore, it generates $6.1 billion in federal government revenue.

Constrained production in the GoM could be replaced by higher carbon-intensity barrels from elsewhere in the world, posing environmental concerns and potential increases in inflation.

### Industry Response and Future Steps

API

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