Lawsuit Targets Trump Administration Approval of BP’s Ultra-Deepwater Drilling in Gulf of Mexico, 16 Years After Deepwater Horizon

Gulf and environmental groups sued the Trump administration today over its approval of BP’s new ultra-deepwater oil drilling project in the Gulf of Mexico. The project endangers the health of Gulf residents, ecosystems and industries like fishing and tourism.

Kaskida is BP’s first completely new oilfield approved in the Gulf since the U.K.-based company’s Deepwater Horizon disaster, which occurred 16 years ago today. BP’s infamous accident killed 11 people, wiped out horrific numbers of marine animals, and caused billions of dollars in damages to the Gulf, including by eliminating thousands of local jobs, including in fishing and tourism. BP’s Deepwater Horizon remains the worst oil spill in U.S. history.

Kaskida will be at greater depths than Deepwater Horizon, in riskier waters. BP will drill for oil as far down as six miles below the sea floor, deeper than the height of Mount Everest.

The groups are challenging the approval of BP’s development proposal because legally required information is either missing or significantly flawed. For instance, BP failed to demonstrate it has the experience, expertise and certified equipment to conduct safe drilling under extreme conditions at Kaskida’s location, where a “loss of well control” incident (which caused BP’s 2010 Deepwater Horizon disaster) is six to seven times more likely compared to typical deepwater oil wells.

BP’s proposal also underestimated the volume of a worst-case oil spill by at least half-a-million barrels of oil, which the Interior Department unfortunately adopted in its environmental analysis. And BP did not show in its proposals that it will have the necessary containment capabilities in case the company needs to stop a blown-out well from spilling 4.5 million barrels of oil or more across the Gulf.

The groups — Healthy Gulf, Turtle Island Restoration Network, Habitat Recovery Project, Sierra Club, and Center for Biological Diversity — are being represented by Earthjustice.

“The Trump administration has teed up the entire Gulf region for a Deepwater Horizon sequel with its approval of BP’s extremely risky ultra-deepwater drilling project,” said Earthjustice senior attorney Brettny Hardy. “The greenlighting of BP’s project sets a dangerously low bar for oil-and-gas companies that want to drill in our public waters. We’ll see the Trump administration in court over its unlawful and insulting approval of Kaskida.”

“Once again, BOEM has approved a deep water well in the Gulf of Mexico. Marine wildlife and communities along the Gulf coast were devastated by the BP Deepwater Horizon oil spill 16 years ago,” said Joanie Steinhaus, ocean program director for Turtle Island Restoration Network. “This project is a threat to our fragile ocean ecosystem, will inflame climate change and threatens the health of coastal residents. BP has not adequately demonstrated the capacity to operate and handle an oil spill in the high-pressure, high temperature conditions of this project.”

“Kaskida is emblematic of a new era in offshore oil extraction: corporate hoarding of risky, ultra-deep water leases in an attempt to monopolize the future of oil production, with little to no oversight from the Trump Administration. We, as citizens of the Gulf South, are not standing for it,” said Martha Collins, Healthy Gulf executive director. “BP has shown how they handle oil spills on this anniversary of the Deepwater Horizon disaster — their risky drilling and inexperience at this great depth will ensure their continued legacy of the Gulf never being the same again.”

“Offshore drilling is one of the riskiest kinds of oil extraction, but the Trump administration is ignoring the law to allow Big Oil CEOs to endanger coastal communities for the sake of corporate profit,” said Devorah Ancel, senior attorney at Sierra Club’s Environmental Law Program. “This permit would allow BP to develop multiple ultra-deep high-pressure wells, which is already exceptionally risky, and with BP’s track record in the Gulf, coastal ecosystems face extraordinary danger. We’re suing the Trump administration to ensure the coastal communities that would suffer the consequences of BP’s actions get their day in court.”

“It's appalling that the Trump administration has authorized this deepwater drilling project without having information critical to preventing harm to marine life,” said Rachel Mathews, a senior attorney at the Center for Biological Diversity. “This will put Rice's whales, sea turtles and other Gulf wildlife at terrible risk. Ultra-deepwater drilling is ultra-dangerous, full stop.”

Background

The Trump administration’s approval of Kaskida follows a series of actions that prioritize the oil-and-gas industry in the Gulf at the expense of communities and ecosystems.

Last month, the White House illegally exempted federally authorized Gulf oil-and-gas exploration, development and production from needing to comply with certain requirements of the Endangered Species Act, even though no Gulf projects have been rejected due to the Act, and the oil industry is not facing any burdensome requirements under the law that are slowing or halting offshore drilling activities. The U.S. is also already producing more oil than any nation in history, is the world’s top producer of gas, and is a net exporter of both.

The administration has also proposed weakening “well control” rules developed to tighten up safety protocols in the wake of Deepwater Horizon. It has sought to roll back “financial assurance” requirements that require the weakest oil and gas companies to backstop their obligations to clean up the mess they leave behind, rather than forcing American taxpayers to foot the bill. And, it is now consolidating two federal agencies involved in offshore drilling oversight that were intentionally separated after Deepwater Horizon to root out industry influence over regulators. The White House has proposed a budget cut for the new agency of more than 30% in funding and staff that address safety and manage operations.

While such measures may boost oil industry profits, they have done little to nothing to alleviate energy prices or inflation.

In the 16 years since BP’s Deepwater Horizon disaster, the oil industry has set its sights on deeper and riskier Gulf waters. In the three most recent oil-and-gas lease sales, 90% of company bids are going for deep or ultra-deepwaters, even though the likelihood of uncontrolled oil spills arising from offshore drilling operations increases exponentially with depth. Meanwhile, the oil industry is sitting on millions of acres of leases (nearly 80% of all leases the industry is in possession of) in the Gulf that haven’t begun producing oil or gas.