ELR Citation: 54 ELR 20010
No(s). DLB-20-3060 (D. Md. Jan 9, 2024) (Boardman, J.)

A district court granted environmental groups' motion to lift a stay of a suit challenging NMFS' biological opinion (BiOp) concerning oil and gas activity in the Gulf of Mexico. The groups initially argued NMFS issued a flawed BiOp that underestimated the risks of harm to protected species and took inadequate measures to mitigate those risks. They subsequently agreed to a stay in reliance on NMFS' representations that measures to protect the Rice's whale would be in place for the duration of the stay. Oil and gas companies intervened and asked another court to enjoin two of the measures, which the court did. The groups then moved to lift the stay. The district court found that because some of the measures the groups were counting on to secure their interests during the stay were no longer in place, there was good cause to lift the stay. NMFS simultaneously moved to remand without vacatur, but the court found it was neither substantial nor legitimate, would not serve the interest in judicial economy, and would unduly prejudice the groups. It denied NMFS' motion to remand, and granted the groups' motion to lift the stay.