Two lawsuits filed to stop oil drilling offshore northern Alaska
by Dan Joling / The Associated Press
8 months ago | 1388 views | 10 10 comments | 8 8 recommendations | email to a friend | print
ANCHORAGE, Alaska - Native Alaskan groups who depend on whaling and a coalition of environmental groups sued the federal government Tuesday, seeking to block a Shell Oil subsidiary from drilling next year in the Beaufort Sea.

The Alaska Eskimo Whaling Commission and the Inupiat Community of the Arctic Slope, a federally recognized tribal government representing Alaska North Slope communities, asked the 9th U.S. Circuit Court of Appeals to overturn a drilling plan the Minerals Management Service approved in October.

Hours later, a coalition of 10 environmental groups and Arctic communities filed a second action with the San Francisco court, claiming the MMS did not properly evaluate the effects of the proposed drilling, including the risk of a major spill.

Lily Tuzroyluke, executive director of the Native Village of Point Hope, an Inupiat Eskimo community on the shore of the Chukchi Sea, said the ocean is her people's garden.

"We rely on it for our food and our culture," she said in a statement. "MMS' decision to allow Shell to drill for oil in the Arctic Ocean next summer recklessly endangers the traditional subsistence way of life we have sustained for thousands of years.

MMS spokesman Nicholas Pardi said the agency could not comment on pending lawsuits.

Shell Alaska spokesman Curtis Smith said MMS was thorough in its technical and environmental evaluation.

"Shell has demonstrated its ability to operate in the Arctic in an environmentally responsible manner," he said in an e-mail. "We fully expect MMS to be successful in defending its approval."

He said Shell has gone to great lengths to minimize the impact of its drilling program, including a voluntary shutdown during the fall subsistence whaling harvest by the villages of Nuiqsut and Kaktovik, installing best available discharge technology and reducing the number of wells.

"These steps were taken after considering direct feedback from North Slope stakeholders," he said.

MMS in October approved Shell's Beaufort plan for two wells. The agency last week conditionally approved a Shell drilling plan for up to three exploratory wells in the Chukchi Sea. For both projects, Shell proposes exploratory drilling in open water using a 500-foot (152-meter) drill ship, an ice management vessel, an ice class anchor handling vessel and oil spill response vessels.

Representatives of Inupiat whalers said they were not satisfied.

"Shell wants to drill wells and drive its fleet of vessels straight through the bowhead whale migration," said George Edwardson, president of ICAS, in a prepared statement. "What happens if there is a major oil spill? We have an obligation to protect our people."

Harry Brower, chairman of the whaling commission, said he understands that people want oil and gas.

"But the government and the offshore operators need to understand that development has to be done in a way that does not threaten our subsistence livelihood and culture," he said. "We depend on the bowhead whale for food."

The environmental groups said Shell Beaufort drilling would occur as close as 20 miles from the Arctic National Wildlife Refuge. They claim MMS approved the plan based only on a short internal review of how industrial drilling, including significant underwater noise, could deflect bowhead whales from their usual migration routes.

Shell's Beaufort offshore drilling has been challenged before.

In 2007, MMS approved Shell's drilling program, but the 9th Circuit stopped it, ruling that MMS failed to disclose potential impacts to the bowhead whale and subsistence communities. Shell eventually withdrew the plan.

Brower acknowledged Shell's agreement to halt operations during the bowhead whale subsistence hunt by two villages, Nuiqsut and Kaktovik.

"Even though this proposal has some protection for our hunting, it would allow Shell to dump thousands of barrels of drilling muds, cuttings, and other waste into Camden Bay, including cooling water full of biocides. Our whales feed and rest in Camden Bay, and care for their young there. We are very concerned that these discharges will harm the whales."

The whaling groups are represented by Chris Winter of Crag Law Center in Portland, Ore.

Earthjustice filed the second lawsuit on behalf of Point Hope, the group Resisting Environmental Destruction on Indigenous Lands, the Alaska Wilderness League, the Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council, Northern Alaska Environmental Center, Oceana, Pacific Environment and the Sierra Club.

comments (10)
« Operator556 wrote on Thursday, Jun 24 at 02:03 PM »
joeslankas,

Agree spot on. I remember hearing a short while back that some Alaskan Wildlife like to sleep next to some of the machines and equipment. It keeps them warm. :)

Drilling on land and shallow water is not only economically sound, it is safer. If the Deepwater Horizon was actually on the continental shelf, it would have been capped by day three.

Also.. I hear the next season of Whale Wars will feature our favorite boatsailing-challenged activists lobbing CS gas and rotten butter at the Inupiat whalers. They figure it's safer and they might not lose another ship.
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« polarmark wrote on Tuesday, Dec 15 at 04:47 PM »
next time heating oil goes to 10 dollars a gallon and they go broke i'm going to call my juneau representatives and tell them not to send any emergency aid. they can freeze to death or go back to the way they used to stay warm before western civilization showed up. since they'll have more whales they can catch because of better environment then they won't need the food stamps anymore either.
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« joeslankas wrote on Tuesday, Dec 15 at 04:14 PM »
I love the part about the "San Francisco Court," and the "Oregon Based Group." It's really good that outsiders have such a keen knowledge of what's best for the state.

People have been opposed to drilling in ANWR for as long as I can remember. 'Oh the poor caribou,' they squeal. Have any of these jokers ever gone to Prudhoe and looked at the oil rigs. There are caribou grazing not 10 feet away. They could care less.

Whales won't give a god damn. Seriously.

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« Invictus wrote on Tuesday, Dec 15 at 04:02 PM »
For crying out loud, stop killing the whales!
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« Americaisgreat123 wrote on Tuesday, Dec 15 at 02:12 PM »
Oh where would Alaska be if it were not for Democrats............
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« spaceman wrote on Tuesday, Dec 15 at 01:32 PM »
We can't afford to lock up this State's resources forever. Drill the petroleum, mine the minerals, harvest the timber and animals. We can do it responsibly if we set our minds to it.
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« spaceman wrote on Tuesday, Dec 15 at 01:29 PM »
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« Pearl=W wrote on Tuesday, Dec 15 at 12:55 PM »
You go, Inupiat Whalers!!

Having been shown to be [quite literally] in bed with the companies and corp.s that they are supposed to oversee and regulate, MMS decisions can not be assumed to have any basis in fact or sound science. Going by the current level of documentation, the US Mineral Service, holds the Championship title for THE most corrupt service of a notably corrupt Fed Dept. Every ruling they have made in recent years needs to be questioned and independently reviewed.
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« lippyjr wrote on Tuesday, Dec 15 at 12:44 PM »
Want to sue lets try this any group which attempts to sue to stop oil industry advancements losses their PFD, and any other state funding.

End of story
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« Boodrow wrote on Tuesday, Dec 15 at 12:30 PM »
Maybe the oil companies should sue to stop whaling and put the shoe on the other foot.
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