A U.S. District Court for the District of Maryland has granted the National Marine Fisheries Service (NMFS) a five-month extension to complete a new biological opinion (BiOp) on the impact on marine life including endangered species like Rice’s whales, from federally-regulated oil and gas activities in the Gulf of Mexico (GOM).

A version of the study from the agency submitted in 2020 was challenged by non-profit environmental organizations Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network in a lawsuit back then.

A Maryland district court found that BiOp was flawed and unlawful in August this year and moved to vacate it effective December 20, 2024, asking the agency to submit a new study by then. On October 21, the NMFS got the effective date for the vacatur pushed to May 21, 2025.

The NMFS has also been instructed to provide status updates to the court every 60 days starting December 15, 2024, and ending on May 21, 2025, on the progress of developing a new BiOp. NMFS is part of the National Oceanic and Atmospheric Administration (NOAA).  

In 2024, 14% of total U.S. crude oil production and 2% of natural gas production is projected to come from the Gulf of Mexico, according to the American Petroleum Institute (API).

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