Ruling on the first of several major new projects for tapping oil and gas deposits from the Arctic floor, the U.S. 9th Circuit Court of Appeals said the federal government should have prepared a more exhaustive environmental review before concluding that harm to whales, caribou and other Arctic wildlife either would be insignificant or could be mitigated.
“I think the new administration can respond to this decision by calling for a timeout on new exploration and leasing in the Arctic Ocean until a full review of potential impacts and conservation measures is completed,” said Eric Jorgensen, managing attorney at Earthjustice in Juneau, Alaska.
Rebecca Noblin of the Center for Biological Diversity, one of several plaintiffs in the case, said in a statement: “If polar bears and other ice-dependent species are to survive as the Arctic melts in the face of global warming, we need to protect their critical habitat, not turn it into an industrial zone.”
“The U.S. faces an energy supply crisis, and delays like this only extend and aggravate it. In times of shrinking global supply and ever increasing reliance on imported oil, the Alaska offshore could be a significant resource for national energy security,” Shell said in a statement.
Republican Gov. Sarah Palin, who has urged the nation to take better advantage of Alaska’s untapped oil and gas resources, expressed determination to get the project back on track.
“We’re disappointed, but will work with the company moving forward from here,” said her chief spokesman, Bill McAllister.
The decision requires the Minerals Management Agency to create either a revised environmental analysis, which might be done relatively quickly, or a full environmental impact statement, which would likely mean a lengthy delay.
“We are unpersuaded that MMS took the requisite ‘hard look’ at the environmental impact of this project. There remain substantial questions as to whether Shell’s plan may cause significant harm to the people and wildlife of the Beaufort Sea region,” Judge Dorothy W. Nelson wrote for the majority.
Murphy is a Times staff writer.