Posted in energy policy, Gulf of Mexico, Offshore Energy - General, Regulation, tagged API, Chevron, injunction, Lease Sale 261, Louisiana, Rice's whale on September 22, 2023| Leave a Comment »
For the reasons stated above, the court hereby ORDERS that the Motions for Preliminary Injunction be GRANTED. Accordingly, the government defendants are enjoined from implementing the acreage withdrawal and Stipulation 4(B)(4) as described in the Final Notice of Sale and Record of Decision for Lease Sale 261. Government defendants are ordered to proceed with Lease Sale 261, absent the challenged terms, by September 30, 2023.
Full docket: State of Louisiana v. Haaland (2:23-cv-01157)
Posted in energy policy, Gulf of Mexico, Offshore Energy - General, tagged API, Gulf of Mexico, Lease Sale 261, Louisiana Federal Court, Rice's whale on September 22, 2023| Leave a Comment »
Posted in energy policy, Gulf of Mexico, Offshore Energy - General, Offshore Wind, Regulation, tagged Atlantic wind, Gulf of Mexico oil and gas, Lease Sale 261, operating restrictions, Rice's whale, RIght Whale on September 11, 2023| 2 Comments »
Both species are endangered, but the operating restrictions differ significantly:
| North Atlantic wind leases: right whale restrictions | GoM Lease sale 261: Rice’s whale restrictions |
| No leasing prohibitions or turbine-free areas have been established despite concerns raised by NOAA (see attached letter) | All of the expanded Rice’s whale area is excluded from leasing (i.e. the entire area between the 100 and 400 m isobaths across the GoM) |
| seasonal 10 kt max speed for vessels > 65′ | year round 10 kt max for all vessels |
| vessel separation distance of 500 m for any sighted right whale or unidentified large marine mammal | separation distance of 500 m for any sighted Rice’s whale; if unsure, must assume whale is Rice’s |
| no visibility restrictions for vessel operations | vessels must avoid transit between dusk and dawn and other times of low visibility |
| no automatic identification system (AIS) requirements | vessels > 65′ must have AIS functioning at all times |
| no documentation requirements | must maintain records to document compliance |
Note (below) the proximity of existing and planned wind leases to moderate to high density RIght whale areas compared to the more speculative expanded Rice’s whale area in the central and western GoM that is predicted based on passive acoustic recordings.
Posted in energy policy, Gulf of Mexico, Offshore Energy - General, tagged Gulf of Mexico, Lease Sale 261, litigation on September 5, 2023| Leave a Comment »
The plaintiffs assert “insufficient and arbitrary environmental analyses, in violation of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA).” The court filing is attached.
For those who missed it, supporters of the lease sale have challenged some of the provisions.
All of this will have to be resolved in the next 3 weeks, as the congressionally mandated sale, scheduled for 27 September, (presumably) cannot be postponed.
Posted in energy policy, Gulf of Mexico, Offshore Energy - General, tagged API, BOEM, Chevron, injunction, Lease Sale 261, Louisiana, Rice's whale on August 31, 2023| Leave a Comment »
The court filing is attached. See the previous post on this matter.
This Court should grant Plaintiffs—the State of Louisiana, the American Petroleum Institute (“API”), and Chevron U.S.A. Inc. (“Chevron”)—a preliminary injunction and prevent those unlawful provisions from permanently disrupting the result of the fast-approaching lease sale (which Congress has directed must occur by September 30, and which cannot be delayed without causing Plaintiffs even more serious injury).
Posted in energy policy, Gulf of Mexico, Offshore Energy - General, Regulation, tagged API, BOEM, Chevron, Lease Sale 261, Louisiana, Rice's whale on August 26, 2023| Leave a Comment »
See the attached document.
From a regulatory policy standpoint, this appears to be a strong filing. Operationally, the most important points pertain to the costly and premature Rice’s whale restrictions first discussed on this blog.
Most notably, the plaintiffs seek (p.39):
Posted in energy policy, Gulf of Mexico, Offshore Energy - General, Regulation, tagged BOEM, Gulf of Mexico, Lease Sale 261, NOAA, Rice's whale, Senator Manchin on August 25, 2023| Leave a Comment »
In addition to the lease stipulation, the entire expanded Brice’s whale area has been excluded from the lease sale. Senator Manchin strongly criticized that decision:
Let me be clear, the exclusion of more than 6 million productive acres from the upcoming offshore oil and gas lease sale in the Gulf of Mexico based on a settlement reached in the name of protecting Rice’s whale while conveniently only targeting oil and gas is yet another example of this Administration’s intentional undermining of the strong energy security provisions in the Inflation Reduction Act.
Senator Manchin
Bud's Offshore Energy (BOE) 