On August 19, 2024, the U.S. District Court for the District of Maryland issued its merits decision in Sierra Club et al. v. NMFS, API, et al., No. 8:20-cv-03060-DLB, which vacated the U.S. Department of Commerce, National Marine Fisheries Service’s (“NMFS”) 2020 programmatic Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico (the “2020 BiOp”), and corresponding Incidental Take Statement (“ITS”), for violations of the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq., and Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 et seq.
Continue Reading Maryland Court’s Vacatur of Biological Opinion Could Cause Severe Disruption of Gulf of Mexico Oil & Gas Activities