U.S. Chamber Praises Court Decision Paving Way for Continued Exploration in the Gulf

Press Release
July 16, 2012
Decision is Positive Step For Economic Recovery, Energy Security
 
WASHINGTON, D.C.—On Friday the U.S. Court of Appeals for the Eleventh Circuit rejected an environmentalist group’s legal challenge to the Bureau of Ocean Energy Management’s (BOEM) approval of an exploration plan proposed by Shell for the Gulf of Mexico, one of the first offshore exploration plans approved after the Secretary of the Interior lifted the controversial offshore drilling moratorium in October 2010. The U.S. Chamber led an amicus curiae coalition of 37 state and local Chambers of Commerce and industry groups in the case, Defenders of Wildlife, et al. v. Bureau of Ocean Energy Management, et al. and Shell Gulf of Mexico, et al.
 
“This exploration plan is an essential part of putting the Gulf back to work,” said Karen Harbert, president and CEO of the U.S. Chamber’s Institute for 21st Century Energy.  “This lawsuit threatened tens of thousands of American jobs at a time when unemployment is already far too high.  Every drop of oil we produce in the Gulf generates investment in the U.S and reduces our dependence on oil from unstable regions.”
 
The Eleventh Circuit ruled that the BOEM fully complied with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) when it approved Shell’s exploration permit. Just as the Chamber’s amicus brief had argued, the court concluded that BOEM’s assessment of the Shell exploration plan complied with the relevant environmental statutes.  The court cited new safety regulations as well as improvements in exploration technology to conclude that that there is no legal basis for rejecting Shell’s exploration plan, which itself includes newly implemented safety measures.
 
“The plaintiffs who brought this lawsuit were trying to get through the courts the same offshore drilling moratorium that the Secretary of the Interior and the Bureau of Ocean Energy Management already rejected as unnecessary. But the Eleventh Circuit was unwilling to play along with this attempt at regulation-by-litigation,” said Robin Conrad, executive vice president of the National Chamber Litigation Center, the Chamber’s public policy law firm. “The three-judge panel unanimously concluded that BOEM lawfully and adequately balanced the environmental concerns with the expeditious and orderly exploration of Gulf resources.”
 
NCLC is the public policy law firm of the U.S. Chamber of Commerce that advocates fair treatment of business in the courts and before regulatory agencies.
 
The mission of the U.S. Chamber’s Institute for 21st Century Energy is to unify policymakers, regulators, business leaders, and the American public behind a common sense energy strategy to help keep America secure, prosperous, and clean. Through policy development, education, and advocacy, the Institute is building support for meaningful action at the local, state, national, and international levels
 
The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.