A coalition of groups has filed a lawsuit in the Ninth Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s issuance of air pollution discharge permits for Shell’s Discoverer drillship and associated fleet for use in the Beaufort and Chukchi seas. The permits, provisionally approved last September, were issued February 10, 2012. Shell intends to use the Discoverer to drill in the fragile, remote, stormy and icy waters of the America's Arctic Ocean starting this summer.
Alaska Wilderness League, Center for Biological Diversity, Natural Resources Defense Council, Northern Alaska Environment Center, Oceana, Pacific Environment, Resisting Environmental Destruction on Indigenous Lands (REDOIL), Sierra Club, and The Wilderness Society filed the challenge late last Friday, represented by Earthjustice. The organizations issued the following statement regarding the lawsuit:
“As early as this summer, the Discoverer drillship and other vessels in Shell’s fleet could be in the Chukchi Sea or Beaufort Sea of the Arctic Ocean where they will pump tens of thousands of tons of pollution into pristine Arctic skies. Not only will they be drilling for oil in some of the harshest conditions on earth, each year these ships will emit large amounts of harmful air pollutants such as carbon monoxide, nitrogen dioxide and particulate matter. Further, greenhouse gases and black carbon from the Discoverer fleet are expected to accelerate the loss of snow and sea ice in the Arctic, to the detriment of both the fragile Arctic ecosystem and members of Alaska Native communities that rely upon a healthy ecosystem for subsistence and other traditional cultural activities.
“The EPA approved these permits without ensuring that all air quality standards are met, and as such our only option is to challenge them in court. Although the Clean Air Act requires modern pollution controls that could greatly reduce much of this pollution, the EPA did not require Shell to install all the controls it should have.
“In addition to the excess air pollution from the Discoverer and Shell’s other ships, Shell’s drilling poses other risks. Drilling for oil in the remote waters of the Arctic Ocean is risky and fraught with potential disaster. An oil spill in these waters would have significant impacts on endangered and threatened species such as bowhead whales and polar bears.”