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

**Recent Federal Court Decisions Could Imperil U.S. Gulf of Mexico Oil and Gas Operations**

The American Petroleum Institute (API) has sounded the alarm over a recent federal court decision that could severely impact oil and gas exploration and production in the Gulf of Mexico. The decision, handed down by the U.S. District Court for the District of Maryland on August 19, 2024, threatens to halt all drilling activities in the region by December 20 of this year if a new biological opinion is not implemented by the National Marine Fisheries Service (NMFS) by that date.

The court ruled that the current biological opinion, issued in 2020 by the NMFS, is inadequate in protecting the endangered Rice’s whale. This decision has significant implications for the oil and gas industry, as it could create a substantial bureaucratic bottleneck for federal agencies involved in offshore energy operations.

The API has emphasized that without a solution in place, this ruling could potentially bring all oil and natural gas operations in the Gulf of Mexico to a grinding halt. API President Mike Sommers wrote to U.S. Commerce Secretary Gina Raimondo, highlighting the critical nature of this decision, which would divert precious agency time towards a continuous cycle of paperwork and hinder NMFS’s ability to finalize a new biological opinion.

The Gulf of Mexico is a crucial region for U.S. energy production, accounting for nearly 15% of the country’s total crude oil production, or approximately 2 million barrels per day, according to the U.S. Energy Information Administration (EIA). This region also contributes 2% to the nation’s total natural gas production.

The immediate effects of this decision would be far-reaching. Thousands of individual consultations for daily Gulf activities would flood the National Marine Fisheries Service, overwhelming its resources and potentially delaying the completion of a revised biological opinion until early spring 2025. Such delays could significantly slow down or even halt permits for routine operations, leaving current

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