The Regulation of Seismic Exploration in the United States

Oceana, Defenders of Wildlife, the Center for Biological Diversity, and the Natural Resources Defense Council have sued the Bureau of Ocean Energy Management in the United States District Court for the District of Columbia. These NGOs are challenging BOEM’s approval of Lease Sales 218 and 216/222 for the sale of new oil and gas leases in the Western and Central Planning Areas of the Gulf of Mexico. The court has issued a scheduling order in this case:

• Plaintiffs filed their motion for summary judgment on June 28, 2013.

NMFS is developing acoustic guidelines for assessing the effects of anthropogenic sound on marine mammal species. NMFS intends to use these acoustic guidelines to:

• Summarize past policies and update basic science-based guidance; and
• Increase transparency and consistency of how acoustic effects on marine mammals are assessed in the context of NMFS’ authorizations, permits, consultations, and exemptions under various environmental statutes (e.g., MMPA, ESA, and National Marine Sanctuaries Act).

Draft Acoustic Guidelines are currently undergoing an internal peer review. NMFS’ peer review site, the peer review panel, and the charge questions to the panel are available here .

 Editor’s Note: Those stakeholders interested in opening up the Atlantic should get involved by taking an offensive position to counter misstatements dealing with the impact of seismic operations on marine mammals.

 Pallone to Interior Secretary: Stop Seismic Airgun Testing in the Atlantic

By Raymond |Press Release from the  Office of Congressman Pallone

Washington, DC – At a House Natural Resources Committee hearing today, Congressman Frank Pallone, Jr. (NJ-06), expressed his strong opposition to offshore oil and gas drilling in the Atlantic Ocean to Secretary of the Interior, Sally Jewell.  Pallone, a senior member of the committee, urged the Department of the Interior (DOI) to consider abandoning any plans to drill in the Atlantic. 

The federal district court in New Orleans has approved a settlement of litigation brought by environmental groups against the Department of Interior and BOEM.  The enviros alleged that Interior/BOEM has violated NEPA in its regulation of oil and gas seismic in the Gulf of Mexico. Industry parties intervened as defendants in the case. The parties’ settlement stays the case for 30 months, or until NOAA/NMFS publishes final MMPA take rules for Gulf seismic, whichever comes first.  In the interim, BOEM and the industry parties agree to take several actions, and the enviros agree not to sue anyone.

Phys.org) —There is growing concern about how much noise humans generate in marine environments through shipping, oil exploration and other developments, but a new study has found that naturally occurring phenomena could potentially affect some ocean dwellers.

Nowhere is this concern greater than in the polar regions, where the effects of global warming often first manifest themselves. The breakup of ice sheets and the calving and grounding of icebergs can create enormous sound energy, scientists say. Now a new study has found that the mere drifting of an iceberg from near Antarctica to warmer ocean waters produces startling levels of noise.

CRE recently filed comments on BOEM and NMFS’ scoping for their EIS on oil and gas geological and geophysical exploration in the Gulf of Mexico. CRE’s comments emphasized that that there is no basis for regulating G&G more stringently. In light of the current and historical record, the agencies should consider regulating GOM G&G less stringently. CRE also pointed out that any more stringent regulation of GOM G&G would require a new Information Collection Request  under the Paperwork Reduction Act; a new Notice to Lessees; a new Protected Species Stipulation; and OMB Approval. Click here to read these and other points made in CRE’s comments.

 On June 27, 2013, CRE submitted comments with NMFS on its Supplemental Draft Environmental Impact Statement (“DSEIS”) for Effects of Oil and Gas Activities in the Arctic Ocean.  CRE’s submission included an emphasis on the critical role that Marine Vibroseis can play in the search for petroleum. More specifically, CRE states:

Consequently, there is no rational basis for using revised acoustic criteria that would impede use of MarVib. In order to ensure that this does not happen, NMFS should expressly address MarVib in any proceeding to consider new acoustic criteria. The public should have notice of and an opportunity to comment on this proceeding.

 Editor’s Note:  Advocates of Sue and Settle recognize that it is easier to win non-science based regulation in court than it is through the rulemaking process. 

Sue and Settle  plaintiffs also recognize that if they  file enough suits , and if  the DOJ continues to settle,  then inch-by-inch, year-by-year and law-suit-by-law suit, the plaintiffs win over the long run. In the case described below plaintiffs–even though  they received numerous unearned concessions– are now exaggerating  the alleged transgressions which lead to the settlement.  In particular there has been and will continue to be exploration in the Eastern  Gulf of Mexico,  operating procedures presently in effect already require the  avoidance of  marine mammals in the conduct of seismic operations and contrary to a number of statements by the plaintiffs, or their agents, the petroleum industry has been instrumental in the development of  marine vibroseis.

Today, June 20, NOAA is holding a hearing on its work on an envronmental anlysis of the geophysical and geological activities in the Gulf of Mexico.

CRE will be making an oral presentation at the hearing  and will be summarizing the comments of other participants on this  IPD. 

Presiding Federal Officials

Jim Bennett  BOEM

Jill Lewandowski BOEM

Ben Laws NMFS

 The following are CRE’s view of some of the pertinent statements by those making presentations at the hearing:

 CRE: 

“If the delisting of sperm whales is not on your agenda, it should be.”

The Norwood Group has published a call for action by everyone interested in saving oil and gas seismic off the coast of Australia. The Group believes that third parties, including environmental NGOs, the Greens and even the fishing industry, are mounting a campaign of misinformation against seismic. The Group writes:

“We have studied the perceived ‘impact’ of seismic sounds on marine life in significant detail, and are dismayed at the lack of balance surrounding the topic in current mainstream media…