Natural gas and oil production in the Gulf of Mexico (GOM) could be disrupted before the end of the year unless the U.S. Department of Commerce prepares a new assessment to avoid adverse effects to endangered species, industry groups are warning.
The concerns began in August, when the U.S. District Court for the District of Maryland ruled that the Commerce Department’s National Marine Fisheries Service (NMFS) had underestimated risks of natural gas and oil spills on GOM endangered species (Sierra Club, et al, v. National Marine Fisheries Service, et al, No. 8:20-cv-03060-DLB). The American Petroleum Institute (API) and other industry groups were intervenor-defendants.
Under the powerful Endangered Species Act (ESA), NMFS, a Department of Commerce agency, is required to analyze the impact of natural gas and oil activity, including spills, on threatened and endangered species. NMFS then is required to prepare a Biological Opinion (BO) to ensure energy operators avoid adverse effects.