The Regulation of Seismic Exploration in the United States

On April 21, 2020, the Federal Defendants filed with the Atlantic MMPA IHA litigation Court a supplement to the administrative record pursuant to the Court’s January 6, 2020 Order (ECF 352). The Government’s record supplement is voluminous and comes with the following Government caveat:

“Consistent with the arguments advanced in the United States’ petition for certiorari in U.S. Fish & Wildlife Service. v. Sierra Club, Federal Defendants believe that drafts of the National Marine Fisheries Service’s biological opinion that were exchanged with the Bureau of Ocean Energy Management are protected by the deliberative process privilege, see, No. 19-547, cert. granted (U.S. Mar. 2, 2020), but are including them in this supplement as directed by the Court pursuant to its January 6, 2020 Order.”

The U.S. National Marine Fisheries Service seeks public comment on an Incidental Harassment Authorization for the Lamont-Doherty Earth Observatory of Columbia University to take marine mammals incidental to a marine geophysical survey in the northeast Pacific Ocean. This IHA is proposed under the U.S Marine Mammal Protection Act. NMFS also requests comments on a possible one-year renewal that could be issued under certain circumstances and if all requirements are met. Comments and information must be received by NMFS no later than May 7, 2020. Click here for more information and relevant links.