BOEM rescinds flawed NTL in a move to protect offshore energy development

National Ocean Industries Association President Erik Milito has issued a statement after the Bureau of Ocean Energy Management (BOEM) rescinded NTL No. 2023-G01, Expanded Rice’s Whale Protection Efforts During Reinitiated Consultation with NMFS:

“The NTL was the direct result of a July 2023 Stipulated Stay agreement between the Biden administration and activist groups—crafted behind closed doors without input from experts, stakeholders, or Congress. This kind of backroom policymaking ignores the best available science, contradicts Congressional directives, and undermines America’s energy independence.

“Shortly after, the Western District of Louisiana issued a preliminary injunction blocking the NTL’s implementation, finding that Interior’s actions were procedurally invalid, arbitrary, and capricious—a decision later upheld by the 5th U.S. Circuit Court of Appeals. Yet despite the courts striking it down, the NTL continues to create uncertainty for offshore energy development. It is simply bad policy to keep federal guidance in place when it was both legally flawed and developed as a closed-door settlement.

“Although the NTL labeled mitigation measures—such as vessel speed limits and nighttime travel restrictions—as ‘recommendations,’ it urged companies to incorporate them into future plans, sowing long-term regulatory uncertainty. These measures also disproportionately burdened offshore oil and gas operations, undermining job creation, economic growth, and energy security, all without a foundation in science.

“Environmental protection is a shared priority, but it must be pursued through a fair and transparent process. The Rice’s whale remains fully protected under the Endangered Species Act and the Marine Mammal Protection Act, regardless of the NTL. Meanwhile, BOEM and NMFS are following a more established regulatory process as they update the Biological Opinion governing Gulf of America oil and gas permitting and work on the Rice’s whale critical habitat designation, both expected later this year. Unlike the NTL, this process allows for greater transparency, stakeholder input, and adherence to established regulatory norms.”