Massachusetts v. Andrus

Nos. 78-0814-MC; 78-086-MC (D. Mass. December 22, 1980)

The court enters a settlement agreement between the Commonwealth of Massachusetts, the Conservation Law Foundation of New England, and the Department of the Interior concerning oil and gas leasing in the Georges Bank. The agreement provides that (1) the federal government will provide all parties with a list and description of biological studies concerning Georges Bank, (2) the Department of the Interior shall promulgate and update best available and safest technology standards as required by § 21(b) of the Outer Continental Shelf Lands Act, (3) the Department of the Interior shall consider funding all future studies recommended by the Biological Task Force for OCS Lease Sale 42, (4) the National Oceanic and Atmospheric Administration shall consider parts of Georges Bank for marine sanctuaries designation, and (5) the Department of the Interior shall prepare a development and production phase environmental impact statement.

Counsel for Plaintiffs
Stephen M. Leonard, Ass't Attorney General
One Ashburton Pl., 19th Floor, Boston MA 02108
(617) 272-2200

Douglas I. Foy
Conservation Law Foundation of New England
3 Joy St., Boston MA 02108
(617) 742-2540

Counsel for Intervenor-Plaintiff
Cabanne Howard, Ass't Attorney General
State House, Augusta ME 04330
(207) 289-3661

Counsel for Defendants
Kenneth P. Nasif, Ass't U.S. Attorney
1107 John W. McCormack P.O. & Cthse., Boston MA 02109
(617) 223-3258

William M. Cohen, Michael W. Reed
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2704

[11 ELR 20204]

Settlement Agreement

The plaintiffs, intervenor-plaintiff State of Maine, and federal defendants, have determined that the best interest of all concerned will be served by an amicable resolution of this litigation. Accordingly, they all agree to the following terms:

1. Upon the signing of this agreement, the parties agree to a dismissal of this suit with prejudice and the court is requested to enter the accompanying proposed final order. The dismissal shall not prejudice any rights or claims of plaintiffs arising from events or activities subsequent to Lease Sale No. 42 or relating to other lease sales.

2. The federal defendants will provide all parties with a list and description of biological studies now underway under the auspices of the Department of the Interior (DOI) or National Oceanic and Atmospheric Administration (NOAA) concerning Georges Bank. The names of contractors and dates of completion of the studies will be set out. Plaintiffs from time to time may request an updated list and description of biological studies on Georges Bank, and the federal defendants will provide such information. Copies of official interim and final reports of all those Georges Bank studies will be made available to the parties. The federal defendants or independent contractors working for the federal defendants. Plaintiffs will contact persons performing the studies by telephone or letter to arrange such meetings. In the event of disagreement over such access, the Office of the Solicitor, in the case of DOI, and the Office of General Counsel, in the case of NOAA, shall resolve the disagreement. In the event of litigation, this paragraph will not apply.

3. To the extent they are not already in existence, DOI shall promulgate or issue Best Available and Safest Technology (BAST) standards, to the extent required by § 21(b) of the Outer Continental Shelf Lands Act (OCSLA), in regulations, orders, or instructions applicable to exploration and development on Georges Bank. Such regulations, orders, or instructions shall be promulgated or issued prior to the approval of the activity to which they relate.DOI will update BAST requirements in accordance with the OCSLA as technology evolves and as change is warranted.

4. The Department of the Interior has reviewed the recommendations for studies submitted by the Biological Task Force for OCS Lease Sale 42, given due consideration to the recommendations of the Scientific Committee of the OCS Advisory Board and the North Atlantic Regional Technical Working Group concerning these studies, and has determined which studies should be funded. DOI will in good faith consider for approval and funding all future studies recommended by the Biological Task Force for OCS Lease Sale 42. The Department of the Interior shall communicate its reasons for not accepting any present or future recommendation of the Biological Task Force for OCS Lease Sale 42 to the Biological Task Force and to the plaintiffs.

5. On or before December 1, 1981, NOAA shall evaluate available information pertaining to Georges Bank in light of the criteria of 15 C.F.R. 922.23, including the adequacy of existing regulatory mechanisms to protect the marine resources of Georges Bank, and consider whether a site or sites on all or parts of the Georges Bank area should be placed on the list of active candidates for marine sanctuary designation. NOAA shall prepare and provide to the public and the plaintiffs a statement of reasons for its decision. The December 1, 1981, date may be modified by the parties to reflect changes in the proposed OCS leasing schedule for the North Atlantic.

6. The Department of the Interior will prepare a development and production phase Environmental Impact Statement (EIS) on Georges Bank soon after receipt of a development and production plan or plans in accordance with 30 C.F.R. § 250.34. The plaintiffs will have an opportunity to participate in a scoping session prior to the preparation of the draft statement. When no specific EIS or supplement is prepared on a development and production plan, an environmental assessment will be prepared prior to approval of the plan. Prior to approval, a copy of the assessment will be given to the plaintiffs.

7. The parties agree to these terms as the full and complete resolution of this litigation. Each party is to bear its own costs.