Various parties are challenging NOAA/NMFS issuance of Incidental Take Authorizations under the Marine Mammal Protection Act for oil and gas seismic exploration in the Atlantic Ocean. This litigation is filed in the United States District Court for the District of South Carolina.
In a separate case, League of Conservation Voters v. Trump, Case No. 3:17-cv-00101 (D. Alaska), the Alaska Court held that President Trump had no authority to modify President Obama’s prior leasing withdrawals under OCSLA. These Obama leasing withdrawals affected the Arctic and Atlantic Oceans.
The South Carolina seismic litigation Court asked the Government to explain whether the Alaska leasing litigation court’s decision affected the seismic litigation.
In a “status report” filed on may 9, 2019, the BOEM told the south Carolina court that the Alaska leasing decision did not affect the South Carolina seismic IHA litigation or BOEM’s authority issue seismic IHAs anywhere.