Page 12 - IAGC_November 2017_Newsletter_FINAL

While the comments conclude the Atlantic Coastal Zone Gulf of Mexico
industry has been able to operate Management Act Review
successfully under the existing ICR, Requests Denied Gulf of Mexico Seismic Survey
they make seven specific suggestions Litigation Settlement Update
for areas of improvement. The On 29 September 2017, the On 28 September, the U.S.District
comments also urge adoption National Ocean and Atmospheric Court for the Eastern District of
and execution of the suggested Administration (NOAA) Office Louisiana issued an Order in NRDC
efficiencies, which will become of Ocean and Coastal Resource v. Salazar granting an extension of
increasingly important in years to Management denied requests the settlement agreement covering
come because of the implementation from Delaware and Maryland to the permitting of seismic surveys in
of a new regulatory framework for conduct consistency reviews under the GOM until 1 November 2018.
G&G activities in the Gulf of Mexico. the Coastal Zone Management
Act (CZMA). NOAA found that the The settlement provides continuous
View the complete comments HERE. coverage for the permitting of
states did not meet the burden
of showing that NMFS’ proposed seismic survey activities in the
Atlantic issuance of Incidental Harassment GOM, without risk of challenge or

Atlantic IHAs: IAGC Authorizations (IHAs) for member litigation from the environmental
group plaintiffs, while BOEM
Members Encouraged to companies’ proposed seismic surveys and NMFS work to complete
Request Applicant Status in the Atlantic OCS would have
reasonably foreseeable effects on their regulatory and settlement
The IAGC has been informed that the states’ coastal uses or resources. obligations. BOEM’s publication
NMFS’ Endangered Species Act The IAGC submitted comments of a final Environmental Impact
(ESA) consultation for the Incidental on 21 July 2017 in response to Statement (EIS) in early August is
Harassment Authorizations Delaware’s and Maryland’s requests a critical step in the settlement
(IHAs) proposed for Atlantic to conduct CZMA reviews, arguing schedule, but its Record of Decision
seismic surveys is underway and the same conclusion NOAA (the final step in the EIS process)
will be completed in November. provided in its denials. The IAGC is still pending, as are several
The agency estimates that IHA was successful in encouraging other critical documents required
decisions will be issued by the end other Atlantic states (e.g., Florida, from both BOEM and NMFS.
of the year. At least one applicant Georgia, North and South Carolina) The settlement extension terms
has requested and been granted to not seek review of these do not include any additional
applicant status, which allows the and previous pending IHAs for mitigation measures, restrictions
applicant to review and provide proposed Atlantic seismic surveys. or concessions impacting GOM
input into the ESA consultation seismic operations, beyond the
process and the agency’s If successful, these states could measures already in place.
resulting “biological opinion.” have potentially delayed, or even
prevented, seismic surveys from The extension was necessary to
Because ESA consultation is occurring within state waters. The provide continued coverage for the
often the avenue for NMFS to denial of the consistency reviews permitting of geophysical survey
impose additional restrictive are major steps in securing our activities in the Gulf of Mexico,
mitigation measures, the IAGC members’ freedom to operate in the without risk of challenge or litigation
strongly encourages all applicants Atlantic Outer Continental Shelf. from current environmentalist
to request applicant status plaintiffs, while BOEM and NMFS
without delay. IAGC will assist work to complete their regulatory
in reviewing and commenting and settlement obligations.
on the biological opinion.

12 IACG Newsletter | In Depth