Court Win Protects Endangered Whales and Sea Turtles From Oil Drilling

What happened: Gravely imperiled whales, sea turtles, and other marine species just got a reprieve from dangerous offshore oil and gas drilling. On Aug. 19 a district court judge struck down a flawed federal agency assessment that allowed harmful oil and gas drilling to kill and seriously injure threatened and endangered marine species in the Gulf of Mexico. Earthjustice had challenged the federal assessment under the Endangered Species Act.

Why it matters: The judge’s ruling affirms that the government cannot continue turning a blind eye to the widespread, persistent harm that offshore oil and gas development inflicts on wildlife.

“The Gulf is still healing from the 2010 Deepwater Horizon disaster, and protecting its biodiversity and communities should be paramount,” says Earthjustice attorney Chris Eaton.

Oil and gas drilling is a grave threat to endangered sea turtles

• Sea turtles thrived in our oceans for more than 100 million years. But in just decades, human activities, including oil and gas drilling, have devastated their population.
• The impact of a spill: According to a 2017 report, which comprised more than five years’ worth of data collection from 20 studies, the Deepwater Horizon spill “killed thousands of marine mammals and sea turtles in the Gulf”.
• A flawed assessment: The federal government’s Gulf drilling assessment determined that it would be acceptable for oil drillers to kill about 13,000 rare sea turtles every year and harm tens of thousands more with underwater air gun blasting, ship strikes, and other disruptions. An additional 21,500 sea turtles would be killed or harmed by oil spills.

One of the world’s rarest whales is also under threat

• An entire species on the line: The government’s flawed assessment threatens the Gulf of Mexico Rice’s whale — one of the world’s rarest whales. Today, fewer than 100 of these whales exist.
• Oil and gas development is the primary cause of the whale’s diminishing numbers: As a result of the Deepwater Horizon spill, the Gulf of Mexico Rice’s whale lost an estimated 20% of its population. Pressure by the oil industry to drill deeper and farther from the coastline makes the chances of a catastrophic spill worse.
• One whale away from extinction: Federal regulators have admitted that the death of even one female Gulf of Mexico Rice’s whale could send the species to extinction. Yet regulators have given the green light to oil and gas activities that they projected would kill at least a dozen whales.
• Other risks: Rice’s whales are also at great risk from ship strikes, due to the whale’s tendency to bask close to the surface. Deafening underwater blasting from fossil fuel exploration’s seismic air guns also interferes with the echolocation that the whales and other marine creatures use to communicate, care for their young, and find mates.

The Gulf Coast shouldn’t be a sacrifice zone

• An invaluable oasis: The Gulf region is full of vibrant communities, precious biodiversity, and waters teeming with giant tuna, blue marlins, and other fish that have sustained the local economy for generations.
• Holding the government accountable: Federal law requires the government to ensure that fossil fuel exploration and drilling will not pose undue risk to endangered and threatened species in the Gulf. However, the government has failed to factor in devastating impacts like the Deepwater Horizon spill into its analysis.
• Earthjustice’s work to challenge the federal government’s flawed assessment for the Gulf region is part of a broader effort to prevent offshore oil drilling projects from threatening wildlife, local communities, and the stable climate that we all depend on.