Page 10 - IAGC July Newsletter
P. 10

IAGC Newsletter                                                                                                                                                                                              IAGC Newsletter


            IAGC Protects Industry’s Right to Defend


            Permitted Activity in Court



            The Supreme Court                  which industry stakeholders often   intervenor is raising new claims
            declines to require                are, to demonstrate standing (i.e.,   or seeking new relief, then it must
            standing for defendant-            sufficient connection to and harm   demonstrate standing.  A defendant-
            intervenor with IAGC’s             from the law or action challenged   intervenor would only have to
            amicus brief in Chester v.         to support that party’s participation  demonstrate standing if it were filing
            Laroe.                             in the case).  The Supreme Court’s 5  a cross-claim or counterclaim.
                                               June 2017 decision narrowly focused          The IAGC was successful in
                 n its amicus brief, the IAGC   on the specific facts before the Court   achieving the purpose of the amici
                 urged the Court to avoid      regarding a plaintiff-intervenor’s   brief which was (1) to alert the Court
            Iestablishing a new rule           need to establish standing and     that there should not be a one-size-
            requiring defendant-intervenors,   unsurprisingly concludes that if an   fits-all rule that intervenors must
                                                                                  have standing and (2) to avoid a
                                                                                  decision that requires standing for
                                                                                  a defendant-intervenor seeking
                                                                                  to uphold agency regulations and
                                                                                  actions.  This decision ensures that
                                                                                  industry organizations will continue                   IAGC Gulf of Mexico Permitting Workshop
                                                                                  to have the opportunity to defend in
                                                                                  court positive agency actions, such as
                                                                                  decisions to permit seismic surveys,
                                                                                  that are challenged by environmental               IAGC Holds Gulf of                                   changing regulation and potential issues
                                                                                  advocacy organizations.                                                                                 that may arise in the Atlantic OCS.  Barry
                                                                                                                                     Mexico Permitting                                    Energy Management (BOEM) held a panel
                                                                                                                                                                                          Obiol and staff from the Bureau of Ocean

   Save the Date for the IAGC - IOGP HSSE Fall Forum                                                                                 Workshop                                             session on regulatory status review in the
                                                                                                                                                                                          Gulf of Mexico and also fielded questions
                                                                                                                                                                                          on the new updates regarding the Atlantic
                                                                                                                                              n 6 June 2017, The IAGC and API held a      OCS.
                                                                                                                                              joint Gulf of Mexico permitting workshop            This date was particularly important as
                                                                                                                                     Oto provide members an update on the                 it was also the same day NOAA released the
                                                                                                                                      status of permitting issues in the GOM and to       Atlantic IHAs for public comment.
                                                                                                                                      discuss issues contractors face in permitting.  Ryan          Having our members together in the same
                                                                                                                                      Steen from Stoel Rives provided a regulatory review  room provided an open forum for questions
                                                                                                                                      of NEPA, MMPA, & ESA as well as updates on          and comments to be discussed, as well as,
                                                                                                                                      permitting of G&G activities in the Gulf of Mexico.   bringing to light common issues faced when
                                                                                                                                      The BOEM team used the workshop to open the         permitting the Gulf of Mexico.
                                                                                                                                      floor to our members to ask questions about                  Please view the Workshop presentation.
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