Tài liệu 2010 oil spill mmsboemre and nepa pptx

This tpt wl fer to MMS for actions befove the reotsaization and [BOEMRE going forward Far the paral wel in question, MMS aes Ope environnerta impaets on four oceasons, including two fall

Summary

(On April 20,2010, an exploratory oi well inthe Gulf o Merieo exploded, Kling 1 people and sing He Worst ol spl American history The oil well was on a act eased by BP Raine tin eas and the gelevant porns tow he feds governier, Under relovae feral law federal actions that may have adverse environmental effect are rogue o he reviewed for ptenialenvzomenalharvv unde the Notional Environs Potcy Ask (NEDA) This report

‘vill review those ensitomental pravcires While here ate akin cavioamrtalobietions ipa on Outer Continental Shel (OCS) dling by ether ats, hs report wl no eve those ruiremenis,

‘Mulipie enironmsmil reviews ware condocted hy the Miers Management Serve (MNS) a sạch stage of OCS development (MMS wos reorganized in May 2010, and the relevant oie tor the environmental reviews the Buea of Ocean Energy Management, Relation a

Eoreement (BOEMRE) This tpt wl fer to MMS for actions befove the reotsaization and [BOEMRE going forward) Far the paral wel in question, MMS aes Ope environnerta impaets on four oceasons, including two fall environmental pet statemenis, an environment assesstien, apd a categorical exclsion, Theft that MMS eategoriealyexclide the

exploration plan froma NEPA analysis controversial, since that theft to in which dling wold be conducted, I appears MMS followed is internal procedure Toe NEDA eviews

in he woween and cata arcs of the Gl of Meniva by ciapoving a estesoialexslsion for exploration plan, However, that procedre has nete bon review hy cat to cac is Sumelew Anh he lay of wheter an exeeption othe eatezurcal exelison may aps in his Sse Ha this projet curred ina diferent geograpeal ae, eluding he cavem are oŸ hệ Gulf of Meso, t kely would Rave undergone «higher level envionment srt

Following a White House repo suggesting thae BOENIRE review its NEPA exclusions,

[HOEMRE sanounced it would no apply the categorical exclusion use inthe Gulf uni ts review was complete

Congres has address the issue of MMS/BOEMRE categorical exclusion a leistation The Consolidated Land Enea ad Aquatic Resources Act of 2010 (CLEAR) (H.R 3534) would Four cerain levels of envionmental reviews for exploration development rl prskcion Pls, uk ld change dhe My statutory dealbne lor approving exploration ps 0 5 das

onan ex

Contents

Background and Const

‘The 2017-2012 Outer Coninenial Shelf Oil and Gas Leasing Progean

Tho BIS for the 5-year Plan

The LIS for 1 Gall of Mesivu Lease Sales

‘Ate ofthe Environmcntal Review of the Multiple Leave Sais 4 Lee Si: 2M6 EmironmenidlAseesBeE csccccSscsss co

(Categoria Exclusion forthe Exploration Pia, "

‘Adegsaey ofthe Environmental Review of the Exploration Pla 4

‘The Council on Envisonmental Quahty Report on MMS sal NEPA 16 Congressional Aneation to Categorical Exehsions a

Corson Research Service

Background and Context

‘On Api 20,2010, an exploratory il wel in the Gal of Meso explodad killing 1 people and sing the worst sili United Sats history at appeosinately 4.1 million hares (BED was sagpelÌn nà ly The it vell was on 2 tst used by BP htving obtained anol nd pe lease

ld the relevant pects fom he federal government The spill Was atthe Mississippi Cao [Bock 252, which sane block obtained by BP under Lease Sale 206, Under apliable fer

la federal ations tht my hv adverse evionmesta elles are reir wo be reviewed for

‘pote! envienonehal harm user the National Dairsmenlal Poiey Ac (NEPA), Aca vironmental obligations are imposed by the Outer Continental Shelf Lands Act (OCSLNs, Eningerad Species Ac Marine Mammal Prostioa Ac and the Casta Zone Management

‘Ac’ but will note exanind within this repo, Rath, his rapt Ititees 0n the envionment analyses eondictca by MMS and their compliance with NEPA MMS was organize in May 2010," ad the relevate successor oie i the Bureau of Occan Energy Management

Regulation and Enforcement (HOEMRE), This report will eer tn MMS for events prior to the reorganization,

NEPA

[NEPA states shat for al “majoe Federal actions sigan esi the uly of the una fnvsuniman feel agencies shal pepate 4 "etiled sateen” ot “th environmental impact ffs proposed action say adver environment effects which cannet he avoided should ve propel be plemented [and] alternatives to the proposed action” Agencies must comply ta thề le exten posi.”

“The Minrals Management Service (MMS) ofthe Deparment ofthe Iris the fede cargo with oversceing oi and was exploration of do Oater Continental Shel (OCS) MIMS eso he lease oan approve the exploration plan of BP forthe i cl tat ease te pi Under NEPA terminology MMS is the eal age for any environmen reviews.”

eye oe es Pes Ress Flow Rae Gro Pris Pinna Bt Ete FO wins

3 8001016 ered eee io De al) Se Ot

[NEPA includ tre 1ypes of environmental reviews with diferent levels of seating int the énvironmentat effets ofan action The gol ofthe reviews i for an agency oe abet

Slstrte hat úc tien an appraptalcly ñonf fo atthe environmental consequences ofits Planned activity” The environmental review alo supposed to involve the publi The most, ompchetsive review i conelide by am cnsivmmstal it sate (EIS) Kis rgd by [NEPA oral gens) actions that wil signficucly alfet ihe envionment An EIS shoal

demonstrate hat the agency considered 3 reasonable range of alternatives thal ard look at

‘he environmental consequences of a proposed action, An EIS ako faites extensive pie involvereat inching poblic comment period fra dealt FS an eoasideration a those comments in he final document,

Whee an action may not hae significant fet, oF when an agency’ unsure ofthe degree to which an action may have significant inpacts a review ealed an environmental assessment EA) Fecomdicted An EA als roles consideration of alsrnatives tothe ation ad review ofthe efets, but is ined to he an abbreviated review Th pulic comment pero is Kinited and ould occur only upon completion of final document

The tind ype of reviews or ations tht agencies have pre-determined have ma significant inact, typically because an agency rulinelycondcts the activity, This typeof review i

‘stegorical exelason (CE, sometnis ke asa Ca Ex) Tecan oe ew

is ot ragired because the anes hak already cermin that the environmental conse

‘ofthe action il not be significant." Agencies prope lists of CEs and may exelate a particular

‘sion on ha Us The devision fo avoke a CF: fora poe st he otsend i some

‘say! CEs are not allowed when hee ate extgoninary etcunstances suounding a propsed action, which generally inchule the presence of endangered species or significa resources of Some type, such as archeological sts This i cnsistemt with te purpose of CES—the do aoe {ply shen there cold bea sgniicamtcnvionmema mpc

+ develop a 5yeae program EIS;

+ plan fora spite lease sale— EIS;

+ approve the exploration plan and

‘approve developmen and prosucton plan—EIS,

The four stages ate based on the OCSLA."

Records indicate ak MOMS conducted fou sparae environmental reviews related the cil well

‘known as Mississipi Canyon Block 252, inelding two 18s one EA, anda CE, These four documents relate to the fist three stages deseibed above: to reviews were conddeted athe lesse sale stage, ad he develipnem ad production sige heen reached Misisipp

‘Canyon Block 252 war atthe exploration stage Bri, those four documents a as Ells Apel 2007; MMS issued an EIS forthe OCS Five Yer Leasing Program he

2)0/7-2012 Outer Coatneatal Shelf (OCS) Oi and Gas Leasing Programs Ths

document considered environmental impucts related to ff shore ili, no just

within the Gulf of Mesin, but or he tw or ates in which of shore Gilling

Feconducte around Alaska an along the Atle coast

Apel 2007; MMS isl an EIS forthe ease sale inthe westem and cera

Potion of the Gulf of Mexico,

October 2007: MMS issue an for Lease Sale 206, which inched

Mission Canyon Bick 252, nding no now sieifcensnpact This

ocament was iene by MMS to supplement the oer env ronmental vic

‘uhichs why instead the aeepted NEPA frminoogy of “Finding of 0

Programmatic environmental reviews ae viewed at un ecient way to consider impacts without creating redundant reviews" Tn July 204, MMS announced compen ofa programmatic EA

‘Conpesalnal RacurhSrele

‘hat evaluated penta impacts of geological and geophysical testing inthe Gul!" That esting ieludel sesmie esting ferent programmatic EA was annoareed in March 2008 for

Strueture Removal Operauons inthe Gul,” which typically involve the use of explosives

‘The 2007-2012 Outer Continental Shelf Oil and Gas Leasing

Program

{In Fchroary 2008, an agin in August 2008, MMS sougt comments on its proposed S-ycur ease plan for 2007-2012 that would expan OCS ksng ae The proposed plan aeessed 21 OCS eis, ineluing 10 inthe Gil oF Meson." An FI for his pl ws prepared, athe ial 5

‘sit Pl FIS ws completed in Apt 2007 The 2007-2012 OCS Oi al Gs Leasing Progra esame cffctiveon ily 1, 2007, However, fra curt oF apple dtermind that MMS had

‘ot complied with all of te environmental reuireme ms an he progeam as sumed to MAIS for revision?" pecliminary revised $year plan as annoubze in Mart 2010."

‘The EIS for the 5-year Plan

The EIS forthe 5-yeur Plan for 2007-2012" deserts its scope as hing

ecerammatic, ant alo deseribes the astmptions made when exalt the caYirmnenil Hee of the ppc aston eaves the envionment eles hase om the thre

tsoetaphicl areas within the S-year Plan: Gl of Mesico, Aa, ad Alaska, Deen sssvinptons remade fo each aes, ad te enviromental eects ae premised on that Oe assumption fa the Gulf of Mexico isthe scale of el spills that could he expsted to cou” The Estimates Were made fr pote spills daring prodction aid Yansporatin, ado po spp

‘onside spills tthe exploration sage Alege oil spl, acoring to the $-yaur Plat EIS

‘would Bene of 1,050 bares (I) oF seat Bus on historical modeling, MIS caused & Prsbabl ange oi pl fom platform to he 1.509 lab 4,680 6 From pipeline” The epi Tenm ths current Messsippi Canyon expiration wells catgorize as lator relate spl eve thoueh the leak nscutra af Beaw the setae ofthe water, The 5-year Pan EIS esas

‘hat the Gul of Mexico wells old produce 4108 hilion bb of ei and have nin are il pis {four from ppetines: four om platforms and one rom a tanker)” Tse momers ae for dsepwater and nearshore dling combined Approximately 754 ofthe leasing activi is Planes for deepwater

The programmatic environmental effects forthe prefered llematve forthe Gulf Coast ince impacts on the following ai ad water quality: manuals abcd fish, fisheries, ad ish Iba: ea trl; coastal and sealoor habit; areas of special concern: socioeconomic

impets; archeological resutees; tourism and teseation; al and use” Some protected

eres in the ae include the follows endangered spies:

Alabama beach mouse,

+ Choctamhatches beach mouse

+ _ SE Amlrew teach mouse, an

+ Pogliớo Key hoạch mouse

Te baseline data describe she lngly influence the disession of envionmenta impacts thin this EIS, The data cotemplate ft platform sil actos the eite 0-year ease etm fad not asthe ive years ofthe year Pla) tha would pale ils of approxi 1,300

‘sich, and only dee of hose spills would hein degpAnle: Aocordingh, he analysis ofthe ects om the spi is ited eoradering bw 1300 Bb spill eau et the

fnvironment, Thete sao extrapolation of oes hypothiss for what wld happen ithe spill

vere aeger, Based onthe assumptions of nite spill amis, he conetusion for the

Enviromental consequences tems tobe in one of tw eanps: on, tha the magntode of harm

‘wold depend om the tims and quant of theo spl ose, for example, Coastal Waters,

‘Marine Waters, Marie Mammals, Marine an Coastal Bins, Essrtal Fish Habitat, Sex Turtles)

‘oro, hit becuse deeprater sil ealelated ob tS) bh, sully bo each ares

‘sete sgrifian impacts cl aca (se, Fr example, Marine and Coastal Dis, Teresi

‘Mamas, Coastal Darir Beh, Sea eesti, Seaflor Habit ad Live Ballom and Pinnacle Anca),

[Environmental eroups aged ha he agency feed take aa lok atthe envionment sonsegees ofits aeson Lining te size a potent spill coal ni the sz pets Thar are reviewed, However, the court hat viewed his mate, the D.C Cent Coat a

Appea,” ha dterned ht challenges to the slficieny ofthat NEPA proces forthe $year plan coulda be reviews." The cout sid that the 5-year Plan NEPA review bad "not yet Feed that ‘cial tage’ where an ieersile and ietievable commitment of resus as

‘cred hat ill adversely affect the cnviommco The court eesti he arent Tie fr such claims wow be te easing slope Acco ths ling ars any challenge to the Ses Blan NEPA raiew

“Tas positions consistent with other courts that have rvieweal NEPA challenges of uiple stage administrative programs The Second Circuit has hel hat a federal action, i hat ase am

‘ministrative hears involving Mobil Oil mat sujet to NEPA until that poi wht Ute Ini revcrsible anita commitments af resis” Silas, the DC, Cet

‘ld that a Forest Service procedure for weniying ares for ll nd gas leases was mre sat eould prove unnocessry if leases were ever ase." No ireversible or ietievable commitnent of resourses ha heen mia

‘The EIS for 11 Gulf of Mexico Lease Sales

In Apeit 2007, MMS also complete the EIS forthe 1 ease sales forthe Gul of Meio, the Malle EIS." Por dhe leave sles, the MMS dvi the Gull of Mexicn ino thse reson:

‘western (the Texas coast) corral (he coasts of Lousiana, Misssipgy and Alabama and eastern

"the Plorid coast), leven fase sles were panne forthe westen and cee areas and none oe The code aes.” A aunber af lses cold be sed within each ofthe IT Kase sales, peal

‘ver 300, based on the amount of resources an nea is estimated 1 produce, For moe dis on the facts unerying the wesera and corral ase sles, soe Appendix A

‘The Mulisle IS evaluated the environmental impacts fiom routine operations as well 3s accidents sucha il sil I seviewe all of the diesen tps involved in exacting oi

Seismic testing exploratory dillins developmest and production, ansportation apd enoving Strict at the end of the as

[Blowouts and other sills were cvsuate, frst, on the prabiity of such events oecunine them analyzing the proabe resins envionetal etfs Lik he 5-year Plan ES, the

“Mais EIS usd historical data as the basis for the sizeof anil sil Acortng to MMS, the

‘mest ikl sizeof an i pl thal as rete han 1,900 DD we be 4 600 Hl.” Howes, IIMS states that lapel Sil (meanine gilS rester that 10M Bồ) are “Em ptubahify

[MMS ase muelng to See how 9 4,600 Hh pil woud spate when om the brace, LAtoveh

it sabe bth surface and subsurface spi, MIMS noted that subsbeface spills Wout behave the Same as srtace spills nce they feached the top.) MMS found that natural weathering wold Asspate 32% 974% ofthe slick, betvsen 397 anl 322 would he lst to thesmaephetevis tvaporaion; and aout 2% 0 42% would he lst nthe wer eolunn via natural Gsperson.”

No modclns was done on a ager sil

“The Muisae ES id consider the pasty of larger offshore spil for the leases, bough it did wot analyze impacts fom sh spill Round that «spillage dan 10.000 bbl had reser than 99% chance of accusing during the 40-year period” mean numer of spills ofthat ize vas estimated between TT and 18 for hat time period” MMS analyzed the environmental effets

ff pil of 4, bb the “rst ely size pil sce han 000

{In poncrl the probability of an olsore il sil restr tan 1,000 Bh (but wo ago than 4.600 NhÌ) nạching an eavionmentaly sense resource wus foun io be smal rainy ro ess tha (1.5% (lor example, eeachine Gull communities, sted Beach mie, oF Gal Sarees habit), bal eat for ther Resourses Lo exaanle, the prcbabibiy of sah a sil aching waters wed hy gal ea tes ranged from 6" to 38%, while the ods ofa pil caching sea ure nesting and nang habitat were 40} Thus, at offshore spl larger than 1,00 was ot fund hea Sgoiticant environmental impact

‘The Multisle HIS includes a session of blowoots a8 2 Los of Wel Cour LINC, oF which a blowout the most severe form, Most LWC events were fun ols lf dy Thettore [MMS conchtod impact to murine water gulity were mo estimate tobe significant.” However itis med thatthe nose from a blowout explosion could injure marine mammals, depending on Theieproximty

Adequacy of the Environmental Review of the Multiple Lease Sales

‘could he questionsd whether the review within the Mulisae EIS wis comprehensive enough to say a cour tat MMS tly complica with NEDA The act requires “a dete statement” on any adverse cevironmental effets which can be avoid shoul he prnposal be

implemsntel"" cout cold conser the adequacy of not reviewing he environment fects

DF spills over 10.000 Bb when MMS calculated a greater than 89% peobabiliy tt such a spill,

‘wold ove On ther band, the cot could id thal eviews ll oS hi mei NEPAS staat, There no cout decision reviewing this document

[NEPA reins an agency ty come the environmental conspencs fis ations ding the development of «proposal Coane apply the “nil of fase to ec the dott

Sufcisn One court dserhed hat evi as fang whether ap TIS "obvi essay Thorough discussion of the signtiane aspects ofthe probable ensronmentl consequences" In general, courts ave Bek tht the pols NEPA ae sisted when an ETS “sets fort sulicen Information to enable the decision-maker to consider fully the envionmental actors involved Inthe case oF OCS leases, courts have acpi that there ae staged analyses wth diferent dsgree of scrutiny thing the diferent OCSLA steps Ina sul challenging an ES prepare for tome ease sale inthe Arctic the paislls argo tha the NEPA analysis was Mawved because it Sonifianytnderestimte the arom of oot igh be ple The Nigh Circ ll hat they were “lest troubled by what muy sem oe income oe spoculative data the ease sale stage noting hat pit exploration “ano pil sks can meer be re than

Spscuative”"" The cots eof wth the da was hase theft that OCSLA tered analysis “the amount and speiiiy of infomation necessary to meat NEPA ruins vates

st each of OCSLA' stages" It vefered to the US, Supreme Cau division regarding te ered énvionmental anys o£ OCSLA, Secretary of the nero , California tn that ease, which

dd nai consider NEPA the Supreme Covr ssid ha a lease sale on ts on “es oe wly

‘mandate further activity hat woul ase anol spill problem,” and therefore, there was none to Perform a CZMA envionsneral analysis at ht pit.” The Supreme Cour and the Nid Creu Pretest ther dcisions on the fact that he desired environmental review! could wccur a er age in the OCSLA pres,

Otter courts have considered the argument that an environmental documenta the esc ale sa shui have consider he potential effets fa irc sil limaey rejecting that cin ng dispute in the Ninth Cec, the NEPA document Il csessed pacts rom spills exceding 1,00 hates andthe exceeding 10,00 bare ox OCS dling tn the Arete The plait

‘wanted consideration of spills of grater Hh 100,00 Bb, basa ow the Ameo Cad sil oF 1.6

‘illo bares in 1978, and the 35 illion BOL explorstory well Blowout nthe Gulf of Meso in

“Mexican waters in 1979 The district coum bel that pain ad not made ts asumene well, fling to show how impacts from 100,01) Bh spl would he ferent fom those discussed for 110.000 bb spill Adkdionally the court nated hat an EIS des mo have to consider every Possible impact: “The rule of reason applicable wo ensironment pact statements does not Fequite amir never conceivable sialon tha ray ace mater how ome

‘was aprliminary sage, aceon the court: “Path nlorrevien bcu† the probability am teat ofa 100,009 hate spl wil hocope avlale as esses survey their acts test hem,

or plan for production an developmen”

While NEPA requires eonsideaton ofa range of alternatives, it des nt require consideration of {worst eatesosnaro, such sane 3.5 malin BM spill.” An eal version of the CEQ Fegulatone di equie such an evaluation when an ageny had "incomplete or unavailable information” reguing the ffs of an action, In thal eas, an agency wie reid io “imelude &

‘worst case analysis and an indication of the probably or improbabiltyof its occurence Ia cnc, courts ve eld that an EIS “is ot reir to dscns every conceivable enn of nagency’s ations, Leder the eve of reason, th ensronmentl impact state sno eg Ison alleratives oe consequences that ane only speculative or ae too remote I sould

Ihoup 0 a cout a consider whether a blowout pil from Lease Sak 206 wast remote and reenlaise for MAS to oonsicr ints environmental review

Lease Sale 206 Environmental Assessment

The ied environmental review inthe OCS proves isthe emigonmentl assessment (EA) Trepars lục Lee Sale 206 inthe Gul (Letee Sale 206 EA) Tho spill court in

‘Missisinpi Canyon lock 252 of ths lease sale MMS prepared enviconmental assessments for caer parila kase sles nthe western an sna Gl, sch as Lease Sale 207, alos Sopplemienta EIS was prepared fe Lease Sale 224 he wast Cull

‘The EA appeats backoff some ofthe environmental ints considera in the IS, l sales that bocause activity was overestimate, the environmental impacts "nay have heen

overstated" While new information wis considered within the EA, IMIS fount ic supports the

‘conchsons made in the Muse EIS, an st no new conclusions are uk within the EA." The

je Sale 206 EA teers the Malia EIS teview of spills eater ta 1000 BS." No reference to lar pills ws fou, such a a 4600 Bb pl 1 ac, ol pls wre dteussd in

‘nore general ems culate documsont tan nether ofthe EIS, which Were eon

hy reerenes,

[No egal challenge to de Las Sale 206 EA as hoo found However, challenges to ther BAS For OCS dling hav Deen foun for EAs isaed for particular lease sale nthe Artie Courts ave found FAs shoul be used in these eitvumtanees o determine whether “he es

felBs(ae nhat pexe 2 seriously ifsc pictte of the envionment impact of the Pespsed project fom what was previously envisioned” H tose diferent impacts are found an EIS or Supplemental EIS is warantt A federal district our considered wither «Supplement EIS shout have hoes prepared tse year afte conclsion of mivale IS fr the Attic region instead ofan EA, I foun thatthe masa ES i that cans hal esd scenarios that

include the now data ates by the BA.” As this eoncasin is fat spifi, cannot be used

ta prodit wheter a court ay reac the same decision regantng the Lasse Sale 206 EA,

Categorical Exclusion for the Exploration Plan

The final environmental documento date forthe Mississippi Canyon Block 252 il wells a

‘categorical exclusion fr the exploration pla (EP) submitted by BP (EP CE) As discussed above

‘eategoncal exclusion may be used by an agency when acateory of actions hs heen

disctmit to have siticant ells onthe ebicomnent chr iividaly ne calavely The CLO regains prove thal any proces allowing CEs must also ielude "caonlirary sireumstanees” Tor when a CE woul mt 3p

1986, MMS isd its st of gators of aetiies excluded fom further NEPA review thin the DOI Deparimrtal Mano.” The Fst ws ese in 2004, The Depanimental Mal lates

‘har a CE ds os apy i "the ation ques a6 am exception under Appendis 20315 DAL" A, fopy of the MMS categorical exclusions andthe exceptions s availble ax Appendix B to his nhện

[MMS recorded its deision to avoke a eateprical exclusion forthe BP EP i a Categorie

[Exclusion Review (CER) with Analysis ane incided eviews for specific eniconmenil harms, The CE process hesins whea a kaseholer Gn this ease BP) subats an exploration plan for MMS, approval” MMS review he plan o soe iit its any of she publishe eatepoical exclusions The

"gency oust also se whether ony exceptions to thse CEs apply The decison must

locum MMS ses forms that inelude check Has document the CERS,

Under43 US.C.§ 1SiNe), MMS is reid tn approve an exporation plan within 30 das of sulmisin The Sevtetary of the Inio, a tstinony here the Senate Commits om

Em ioamenl and Pibke Warks, asked Caaares teat this dealin 00 das," This may suggest tata CE forth exploration pln was invoked cause MMS Ted only 30 days to onplee an environmental review: Hosever, MMS prepares EAS tshich egute mune alysis Thana CE) for exploration plans tat ae min the western or coda Gl oF Meso

re MOS pt on Ee

Arguably» 1976 US, Supreme Court decison suppor the Secretary ofthe ltr’ position that the deauline i too short" In that decison Fle Ridge Develapment Co Scenic Rivers Association of Obama, the Court eld hata 30-day stator deadline meant that he feral

"gency end ao complete an EIS, and therefore NEPA cid not require, The Cour tod tha [NEPA only rere agencies to comply “to the filles extent possible,” The Court considered the Fat that the 3-day’ deadline for he federal agency ty Pot Ridge ad wt Dep wl he

sulssion was complet The Ninth Ciutat stiar observation reps the MRIS 3

‘ty deadline for exploration plan approval indng some Flexible fact that a NEPA, review cot hegin while the agency sought fer infortion fiom sn appcat.” However, that Ninth Circus cision wes withdran and vacated Fin Ride could be distinguished rom the Mississippi Canyon EP in tthe Fin’ Ride ii song to have full EIS peoparc

‘notes foe Missin Canyon te argument is that a CE was ot enough, kaving open the Possibility thot at BA woul satfice wath te ine eae

Acvonling to MMS, CEs we available wea “ihe impacts from the common operations are

“expected the nels to non-existent asl upon general informason sarc ring pas cniromenlamlysex'° This mos hat has on its experienc, MIMS as ont ha hese

‘perations have at mst ogligileensitonmeial impacis, ad thereon aonal review no require

The CER doeuinents omy MMS do nt ndicute which CE was used, However it sens key thai MAS inked CE 15-HC Xi), hich s& CE tha pps to expiration plans

Approval ofan ofsne lease of wnitsaplaton dochmlolimodicdea ph 0

Development Opsaton Coodnaton Document hte ete ee west Gal ot Meco {30 CHR 2802) cnet thes repose faite: (1) In ares of big see sk oF Propoced cr esishsd mine sancti, ane within or ache try arose

- tsaNlahel viMiik he o me sf hạ Hlogieal sendhlor s ) lạ ma sĩ

‘Rene nara Bato sede ce 4 utieng new ce una eco

“This CE appears to have hee ccated in 1978 in puidelines for MMSS predecessor i the only {CE that makes specific feterene to at OCS ate, of Tal, cootns any gee'phieal

PedtiSlon ICCAElidet Đạo ð[ the oar stages of OCSLA actions Rom further NEPA review lí

‘xcs bth exploration plans inthe western and cena Gul of Meio and development ad Pshiction plans in tose areas nconrat the ther CES exclide whal appear to Be more [Eeeral adnistative aes such as stance and soaiiation of repltons, Onde Standards, Notices to Lessoes and Operators, Guidelines nd eld les" (C1): “approval of tnitzation asreemeris, pooling or comnantizaion aercements" (CK); an ”appfevaloŸ suspension af operations and sispensions of proutions” (CV)

sing sv Seah in ope NEPA vow ta ee

‘Conpesalnal Razah Sree