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The Ninth Circuit Court of Appeals Rules in Favor of the Ocean

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Good news! The Ninth Circuit Court of Appeals just dismissed a case in which Shell sued Ocean Conservancy and several other conservation and Alaska Native organizations.

That’s right. Shell sued us. And not just once—three times.

Several years ago, federal agencies issued a series of permits that Shell needed to carry out drilling operations in the Arctic Ocean. Shell was worried that conservation organizations like Ocean Conservancy would challenge the validity of those permits, which might hinder its ability to drill. In response, Shell initiated a series of highly unusual preemptive lawsuits, naming Ocean Conservancy and others as defendants and asking the court to declare that the federal permits were lawful in all respects.

We felt strongly that Shell’s unconventional preemptive lawsuits were improper under the law. And we were concerned that Shell’s lawsuits were an attempt to intimidate nonprofit organizations and discourage them from opposing risky Arctic drilling. As a result, we and the other organizations moved to dismiss Shell’s preemptive lawsuits.

And this past Wednesday, the Ninth Circuit Court of Appeals agreed with us.

The dismissal of Shell’s preemptive lawsuit sends a strong signal to Shell and other oil and gas companies:  Intimidation will not work and conservation organizations have a right to question and challenge federal permits that authorize risky Arctic drilling. Arctic wildlife and people who live in coastal communities in the Arctic depend on a clean and healthy ocean. We won’t stand by while Shell puts them all in danger, even if it means having to go to the courts to defend our—and all U.S. citizens’ —rights to ensure that our Arctic resources are protected.

And make no mistake, Shell’s proposals to drill in the Arctic Ocean pose a significant threat. In fact, a new federal analysis determined that there is a 75% chance of a large oil spill if oil and gas development and production goes forward in the offshore Arctic. A large spill could be catastrophic for the wildlife and the people who depend on the Arctic ocean—and cleaning up a spill would be all but impossible given the remoteness of the region, sea ice, severe weather, and lack of infrastructure.

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