BRIEF OF AMICI CURIAE CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, OCEAN CONSERVANCY, AND OCEANA

The document is an amicus curiae brief filed by environmental organizations to oppose legal challenges to a BOEM rule that requires offshore oil and gas lessees to provide more robust financial assurances for decommissioning. The brief argues that the existing regulatory framework has failed, leading to a massive backlog of overdue wells and platforms, significant environmental risks, and potential multi-billion dollar liabilities for taxpayers. It asserts that the new rule is in the public interest as it ensures funds are available for cleanup, reduces the risk of leaks and navigational hazards, and supports the growth of the decommissioning industry.

• The current decommissioning regulatory framework in the Gulf of Mexico is severely flawed, resulting in a substantial backlog of overdue infrastructure. As of June 2023, over 75 percent of end-of-lease and idle infrastructure in the Gulf was overdue for decommissioning under BSEE deadlines, including more than 1,700 delinquent wells and nearly 400 delinquent platforms.
• There is a significant gap between estimated decommissioning costs and the financial assurances held by the government. While total decommissioning costs for wells and platforms in federal waters are estimated between $40 billion and $70 billion, BOEM held only approximately $3.5 billion in supplemental bonds prior to the new Rule.
• Abandoned and improperly plugged wells cause environmental and public health harm by leaking oil and gases such as methane, benzene, nitrogen oxides, and carbon dioxide. Methane specifically is identified as a precursor to air pollutants linked to asthma, reduced lung function, and chronic obstructive pulmonary disease (COPD).
• Decaying offshore infrastructure creates safety and navigational hazards. Eroding structural elements like walkways and handrails endanger workers, while inadequate lighting makes platforms navigational hazards for ships, increasing the risk of vessel collisions and subsequent leaks.
• The risk of infrastructure failure is heightened by hurricanes, which have become stronger and more frequent. Past events, such as hurricanes Katrina and Rita in 2005, destroyed 113 platforms and damaged over 450 pipelines, leading to multiple large-scale oil spills.
• The 2024 Rule improves accountability by requiring lessees to meet stricter criteria for waivers of supplemental financial assurances: they must either prove an investment-grade credit rating or show that proved oil and gas reserves on the lease are at least three times the decommissioning liability.
• The transition of aging assets from 'supermajors' to smaller independent operators increases the risk of abandonment, as smaller companies often lack the financial resources to cover decommissioning costs when production becomes marginal.
• Proper decommissioning presents a significant economic opportunity for employment. It is estimated that decommissioning in the Gulf of Mexico's shallow waters could require 5,265 jobs per year, with another 10,500 associated jobs potentially becoming available.

APA

Earthjustice (2024). BRIEF OF AMICI CURIAE CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, OCEAN CONSERVANCY, AND OCEANA. https://earthjustice.org/wp-content/uploads/2024/08/66_environmental-groups-amicus-brief-8.20.24.pdf

Chicago

Earthjustice. BRIEF OF AMICI CURIAE CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, OCEAN CONSERVANCY, AND OCEANA. 2024. https://earthjustice.org/wp-content/uploads/2024/08/66_environmental-groups-amicus-brief-8.20.24.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=BRIEF OF AMICI CURIAE CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, OCEAN CONSERVANCY, AND OCEANA |date=20 August 2024 |url=https://earthjustice.org/wp-content/uploads/2024/08/66_environmental-groups-amicus-brief-8.20.24.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2024brief, author = {{Earthjustice}}, title = {{BRIEF OF AMICI CURIAE CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, OCEAN CONSERVANCY, AND OCEANA}}, institution = {Earthjustice}, year = {2024}, month = aug, url = {https://earthjustice.org/wp-content/uploads/2024/08/66_environmental-groups-amicus-brief-8.20.24.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }