Inupiat Community of the Arctic Slope v. Salazar

MEMORANDUM

In these expedited petitions, Inupiat Community of the Arctic Slope and Native Village of Point Hope et al. (collectively, “petitioners”) challenge the Bureau of Ocean Management’s (BOEM) approval of Shell Gulf of Mexico Inc.’s plan for exploratory drilling in the Chukchi Sea under the Outer Continental Shelf Lands Act (OCS-LA).

Petitioners incorporate by reference much of the briefing and argument from the companion case challenging drilling in the Beaufort Sea. See Native Vill. of Point Hope v. Salazar, 680 F.3d 1123 (9th Cir.2012). To the extent such incorporation by reference is sufficient to preserve these arguments, we have reviewed the applicable excerpts of record and reject petitioners’ claims for the same reasons expressed in our decision in that case.

Specifically, to the extent it was preserved, petitioners’ argument that the Chukchi Sea exploration plan’s description of the well-capping stack and containment system does not comply with the informational requirements of 30 C.F.R. § 550.213 (d) fails. BOEM could reasonably conclude that the seven-paragraph description of the technology satisfied § 550.213(d)’s requirement of a “description and discussion…