Court orders federal agency to better protect Rice’s whales from oil, gas drilling in Gulf of Mexico

### Court Ruling Shifts Offshore Drilling Practices in Gulf of Mexico to Protect Endangered Marine Life

In a significant legal development impacting the oil and gas industry, a recent court ruling has directed federal agencies to enhance their protection measures for the endangered Rice’s whale and its habitat in the Gulf of Mexico. The decision underscores the ongoing struggle between environmental regulations and the offshore energy sector.

The US District Court for the District of Maryland has found that the National Marine Fisheries Service (NMFS)’s biological opinion on offshore oil and gas drilling in the Gulf of Mexico fails to adequately safeguard the Rice’s whale and the Gulf sturgeon. **The court ruling of August 19, 2024, strongly criticizes NMFS for underestimating the risks and harms of oil spills to protected species.**

#### Key Findings and Implications

1. **Biological Opinion Flaws:**
– The court highlighted that NMFS’ biological opinion underestimated the risk and harms of oil spills to protected species.
– Specifically, it was determined that the population of Rice’s whales was significantly diminished post-Deepwater Horizon oil spill, contrary to NMFS’ assumption that their numbers remained unchanged.
– The review also found that only two of the five identified stressors likely to jeopardize the Rice’s whale were adequately addressed, and mitigation measures were not sufficiently explained.

2. **Court’s Decision:**
– The court vacated NMFS’ 2020 biological opinion and mandated a new assessment.
– This new biological opinion must be completed by December 20, 2024; otherwise, the previous opinion will be officially vacated.
– The regulatory agency has started drafting a revised biological opinion and aims to finalize it by the end of the year, although there are concerns it might slip to spring 2025.

3. **Industry Impact:**
– The ruling could have far-reaching implications for the offshore oil and gas industry,

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