Sierra Club v. National Marine Fisheries Service

The federal district court for the District of Maryland extended the effective date of its August 2024 vacatur of the biological opinion for federally regulated oil and gas program activities in the Gulf of Mexico from December 20, 2024 to May 21, 2025. American Petroleum Institute and other intervenor-defendants had filed an emergency motion either to alter or amend the court’s August 2024 judgment or for a stay pending appeal. They argued that vacatur would have “disastrous consequences,” including serious curtailment or halting of Gulf of Mexico oil and gas production as well as prevention of activities that ensure safety and protect the environment. The National Marine Fisheries Service also filed a motion to alter or amend the judgment, telling the court that it would not be able to complete its ongoing consultation under the Endangered Species Act by December 20, 2024 and that vacatur of the biological opinion on that date “will result in substantial disruption to ongoing permitted activities across the Gulf of Mexico with potential knock-on effects to domestic energy production and species conservation.” The defendants must provide status reports every 60 days.