**Court Ruling Mandates Enhanced Protections for Rice’s Whales in Gulf of Mexico Oil and Gas Operations**
A recent court decision has significantly impacted the oil and gas industry in the Gulf of Mexico, mandating better protections for the critically endangered Rice’s whale. The US District Court for the District of Maryland ruled that the National Marine Fisheries Service’s (NMFS) biological opinion for offshore oil and gas drilling was insufficient in safeguarding this rare species and the Gulf sturgeon.
### Flaws in the Original Biological Opinion
The court specifically highlighted several critical shortcomings in the original biological opinion. Firstly, it was stated that the NMFS underestimated the risks and harms associated with oil spills to protected marine life, including the Rice’s whale. The opinion also falsely assumed that the whale’s population remained unchanged following the devastating 2010 Deepwater Horizon oil spill, despite evidence indicating a significant decline in the whale’s numbers. This oversight was particularly egregious given that only about 33 to 44 Rice’s whales are believed to exist globally.
### Mitigation Measures Lacking
Moreover, the court criticized the NMFS for only proposing measures to mitigate two of the five identified stressors jeopardizing the Rice’s whale. These stressors include entanglement in fishing gear, vessel strikes, marine pollution, and various forms of anthropogenic noise like those generated by seismic surveys for oil and gas deposits.
### Call for a Revised Biological Opinion
In response to these concerns, the court has ordered NMFS to complete a revised biological opinion that addresses these shortcomings. The regulator has begun the review process and aims to finalize the new opinion by the end of the year, although it may slip into spring 2025.
### Implications for the Oil and Gas Industry
This ruling could have far-reaching implications for future offshore oil and gas operations in the Gulf of Mexico. Environmental groups have welcomed the decision, emphasizing that it is crucial for protecting the Rice’s whale from extinction. Joanie Steinhaus