American Oil and Gas Reporter - January 2012 - 44
several cases where it has not intervened.
"The real key to our intervener motions
and to our amicus briefs," states Naatz,
"is that we feel so strongly that the seismic
work and permit process involved is fundamental to our members, and to where
we go as an industry and as a nation on
energy policy. This does not concern only
IPAA and its members, but also consumers.
The National Association of Manufacturers,
chambers of commerce, and other commercial and consumer groups are very
concerned about how this litigation could
raise the price of energy."
IPAA has a litigation committee of
senior officials who make the decision
on whether and how to get involved in a
case. "They do not make those decisions
lightly," says Naatz. "We often get involved
in cases where there is a fundamental
flaw in the plaintiffs' case, or when there
is a serious threat to our industry.
"Where we feel strongly, we are going
to be very aggressive in moving on the
very serious issues," he adds.
Naatz stresses, "Even though these
cases all involve offshore seismic and
permit activity, we are seeing the same
things onshore. The constant litigation is
designed to slow oil and gas development,
to deny companies access to the resource,
and to make it as difficult as possible for
(companies to operate). Our goal in intervening is simply to protect access to
the resource."
In policy and litigation, Naatz says
IPAA tries to walk a fine line between
keeping member companies and the public
aware of the issues at stake, and not
being alarmist. He says, "A robust offshore
industry, and a robust domestic exploration
and production sector, mean thousands
of good-paying jobs, millions in tax and
fee revenue to states and the federal government, and affordable, secure energy
for the economy.
"Anyone serious about energy policy
has to look at the economic impacts of
delayed and denied permits," Naatz reflects. "It is not a loss only to our members,
but to the whole economy and the whole
country."
A Seismic Shift
The focus of this litigation marks a
sea change, according to IAGC's Gill.
"The Gulf of Mexico has gotten a pass
so far, while the Rocky Mountains has
been the hotbed of lawsuits," he remarks.
"That is changing."
IAGC is an intervener-defendant in
NRDC v. Salazar.
"Geophysical techniques are absolutely
critical to successful oil and gas exploration
and production," says Gill. "The irony of
the lawsuits is that we what do actually
44 THE AMERICAN OIL & GAS REPORTER
reduces risk. Sure, there is a footprint to
our activity, but the better our data are,
the fewer wells have to be drilled, with
that much less impact on the environment.
We also keep the wells that are drilled
away from hydrates on the seafloor or
steep slopes that could cause mechanical
problems."
Gill also notes that seismic surveys
are temporary. "We are in and out in a
relatively short time, then the data are
used for years. The relative time against
how useful (seismic data are) is part of
the bigger picture. If the environmental
interests prevail, it would have the practical
effect of closing the Gulf of Mexico to
seismic surveying for years, until the federal agencies complied with NEPA procedures and the MMPA-as the plaintiffs
see them."
IAGC asserts that the plaintiff claims
in the NRDC case do not affect seismic
surveys only, but also mechanical sources
of sound in the Gulf, including dynamicpositioning motors and even ship engines,
and are likely to spill over to broader exploration, drilling and production operations. "If you look at the original petitions,
the allegations are not supported by the
science," Gill maintains. "We are doing
our best to fill the gaps and solve some
of the uncertainty."
He also emphasizes that not all sources
of sound in the Gulf of Mexico are the
same intensity, frequency and occurrence.
Similarly, all marine animals are affected
by sound differently. "The marine mammals
in the Gulf are primarily toothed whales
and dolphins, which use certain frequencies
of sonar. The bowhead and other baleen
whales common in Alaska use different
sonar frequencies," he points out.
No one-size-fits-all regulations or court
rulings can realistically accommodate the
variety of industry activity and equipment,
nor can it address the impact on local
species, Gill stresses.
Echoing the belief at IPAA that the
offshore litigation has serious implications
for onshore producers, Gill reiterates that
as quickly as the venue shifted from the
Rockies to the Gulf, it could shift back
again. "All exploration and production
companies need to recognize these issues
and be alert to the implications of the
cases," he urges.
Seeking Settlement
As staunchly opposed as the two sides
in the seismic and permit process litigation
seem to be, both sets of cases have been
notable for their repeated and long stays.
In almost every instance, court records
indicate, the motions for the stays were
brought jointly by federal defendants and
the environmental groups, and supported
by industry, in the interest of attempting
to reach a settlement.
In the NRDC case, for example, the
initial complaint was filed in June 2010.
There was frequent activity, the record
indicates, with briefings and motions as
well as the filings of the intervener-defendants. In March 2011, plaintiffs and
federal defendants filed for a three-month
stay to try to reach a settlement. That
was followed by another two-month stay,
then a series of one-month stays that
continued through the end of 2011.
Part of the complication is that there
are really three sides in the proceedings,
each of which has multiple parties. The
initial complaints were filed against federal
regulators, but with industry associations
and individual companies intervening,
discussions became more complex.
Indeed, parties say the emphasis of
the settlement has shifted from the original
direction of the complaints. Those were
filed against federal agencies, claiming
they were issuing permits for seismic activity and offshore development in violation
of the agencies' own policies as well as
the underlying statutes. But parties say
the negotiations primarily have addressed
what mitigation measures may apply while
achieving statutory compliance.
"The stay and extensions continue because the plaintiffs and the federal defendants
jointly have an interest in reaching some
negotiated settlement," suggests Michael
Jasny, senior policy analyst at NRDC.
"Negotiations are complex," he adds.
"There are two agencies-BOEM and the
NMFS-with different interests. Then, all
the industry interveners add to the complexity. But we still see a reasonable
prospect of a settlement, and parties have
been making genuine efforts toward that
end."
Jasny claims his organization is not
seeking to permanently halt seismic work
or hydrocarbon development in the Gulf
of Mexico, but that the "reasonable outcome" the group seeks from its lawsuit
is "compliance with existing environmental
law. The law requires BOEM and NMFS
to review seismic permit activity and mitigate its impact on marine mammals and
endangered species."
He acknowledges that it could take
years for the agencies to complete a thorough review and to comply with all
aspects of the law, but he also notes the
environmental community began raising
these issues with Gulf regulators in 2003.
Jasny suggests that if regulators and industry had acted then to address their
obligations under the law, the process
would be long complete by now.
As it is, "The agencies are in gross,
systemic violation of the law, knowingly
American Oil and Gas Reporter - January 2012
Table of Contents for the Digital Edition of American Oil and Gas Reporter - January 2012
The American Oil and Gas Reporter - January 2012
Contents
Reports
Calendar
Oil & Gas Counts
State Legislative
Industry Digest
Tech Connections
Washington Watch
Federal Legislation
EPA
Gulf of Mexico
Resource Plays Providing Wealth of Opportunities
Tight Plays Poised to Transform U.S. Crude Supply
El Paso Project Optimizes Eagle Ford Completion Design
Real-Time Forward Modeling Improves Bakken Horizontals
Cover Story
Financial Firms Expand Oil and Gas Divisions
Multicomponent 3-D Poised for Growth in Shale Plays
Cloud Computing Driving Business Step Changes
Advanced Attributes Improve 3-D Interpretation
3-D Data Improve Knowledge of Shale Heterogeneity
HBUR RSS Solves Granite Wash Drilling Challenges
Technologies Improve Production Consistency in Resource Plays
SaaS Helps Operator Streamline Data Management
Automation Enhances Operations in Challenging Applications
Dispersant Chemistry Combats Plugging in Low-Gravity Oil Wells
New Technologies Optimize Production
PIOGA
Drilling Regs
IOGAWV
The Presidential Papers
Energy Education
Conventions
Shale Gas
New Lits & Products
Computer Currents
Industry Focus
Classified Advertising
Advertisers Index
American Oil and Gas Reporter - January 2012 - The American Oil and Gas Reporter - January 2012
American Oil and Gas Reporter - January 2012 - 2
American Oil and Gas Reporter - January 2012 - 3
American Oil and Gas Reporter - January 2012 - 4
American Oil and Gas Reporter - January 2012 - Contents
American Oil and Gas Reporter - January 2012 - Reports
American Oil and Gas Reporter - January 2012 - 7
American Oil and Gas Reporter - January 2012 - 8
American Oil and Gas Reporter - January 2012 - 9
American Oil and Gas Reporter - January 2012 - Calendar
American Oil and Gas Reporter - January 2012 - 11
American Oil and Gas Reporter - January 2012 - 12
American Oil and Gas Reporter - January 2012 - 13
American Oil and Gas Reporter - January 2012 - Oil & Gas Counts
American Oil and Gas Reporter - January 2012 - 15
American Oil and Gas Reporter - January 2012 - Industry Digest
American Oil and Gas Reporter - January 2012 - 17
American Oil and Gas Reporter - January 2012 - 18
American Oil and Gas Reporter - January 2012 - 19
American Oil and Gas Reporter - January 2012 - 20
American Oil and Gas Reporter - January 2012 - 21
American Oil and Gas Reporter - January 2012 - 22
American Oil and Gas Reporter - January 2012 - 23
American Oil and Gas Reporter - January 2012 - 24
American Oil and Gas Reporter - January 2012 - Tech Connections
American Oil and Gas Reporter - January 2012 - 26
American Oil and Gas Reporter - January 2012 - Washington Watch
American Oil and Gas Reporter - January 2012 - Federal Legislation
American Oil and Gas Reporter - January 2012 - 29
American Oil and Gas Reporter - January 2012 - 30
American Oil and Gas Reporter - January 2012 - 31
American Oil and Gas Reporter - January 2012 - 32
American Oil and Gas Reporter - January 2012 - 33
American Oil and Gas Reporter - January 2012 - 34
American Oil and Gas Reporter - January 2012 - 35
American Oil and Gas Reporter - January 2012 - EPA
American Oil and Gas Reporter - January 2012 - 37
American Oil and Gas Reporter - January 2012 - 38
American Oil and Gas Reporter - January 2012 - 39
American Oil and Gas Reporter - January 2012 - 40
American Oil and Gas Reporter - January 2012 - 41
American Oil and Gas Reporter - January 2012 - Gulf of Mexico
American Oil and Gas Reporter - January 2012 - 43
American Oil and Gas Reporter - January 2012 - 44
American Oil and Gas Reporter - January 2012 - 45
American Oil and Gas Reporter - January 2012 - 46
American Oil and Gas Reporter - January 2012 - 47
American Oil and Gas Reporter - January 2012 - Resource Plays Providing Wealth of Opportunities
American Oil and Gas Reporter - January 2012 - 49
American Oil and Gas Reporter - January 2012 - 50
American Oil and Gas Reporter - January 2012 - 51
American Oil and Gas Reporter - January 2012 - 52
American Oil and Gas Reporter - January 2012 - 53
American Oil and Gas Reporter - January 2012 - 54
American Oil and Gas Reporter - January 2012 - 55
American Oil and Gas Reporter - January 2012 - 56
American Oil and Gas Reporter - January 2012 - 57
American Oil and Gas Reporter - January 2012 - 58
American Oil and Gas Reporter - January 2012 - 59
American Oil and Gas Reporter - January 2012 - 60
American Oil and Gas Reporter - January 2012 - 61
American Oil and Gas Reporter - January 2012 - Tight Plays Poised to Transform U.S. Crude Supply
American Oil and Gas Reporter - January 2012 - 63
American Oil and Gas Reporter - January 2012 - 64
American Oil and Gas Reporter - January 2012 - 65
American Oil and Gas Reporter - January 2012 - 66
American Oil and Gas Reporter - January 2012 - 67
American Oil and Gas Reporter - January 2012 - 68
American Oil and Gas Reporter - January 2012 - 69
American Oil and Gas Reporter - January 2012 - 70
American Oil and Gas Reporter - January 2012 - 71
American Oil and Gas Reporter - January 2012 - 72
American Oil and Gas Reporter - January 2012 - 73
American Oil and Gas Reporter - January 2012 - 74
American Oil and Gas Reporter - January 2012 - 75
American Oil and Gas Reporter - January 2012 - 76
American Oil and Gas Reporter - January 2012 - El Paso Project Optimizes Eagle Ford Completion Design
American Oil and Gas Reporter - January 2012 - 78
American Oil and Gas Reporter - January 2012 - 79
American Oil and Gas Reporter - January 2012 - 80
American Oil and Gas Reporter - January 2012 - 81
American Oil and Gas Reporter - January 2012 - 82
American Oil and Gas Reporter - January 2012 - 83
American Oil and Gas Reporter - January 2012 - 84
American Oil and Gas Reporter - January 2012 - 85
American Oil and Gas Reporter - January 2012 - 86
American Oil and Gas Reporter - January 2012 - Real-Time Forward Modeling Improves Bakken Horizontals
American Oil and Gas Reporter - January 2012 - 88
American Oil and Gas Reporter - January 2012 - 89
American Oil and Gas Reporter - January 2012 - 90
American Oil and Gas Reporter - January 2012 - 91
American Oil and Gas Reporter - January 2012 - 92
American Oil and Gas Reporter - January 2012 - 93
American Oil and Gas Reporter - January 2012 - Cover Story
American Oil and Gas Reporter - January 2012 - 95
American Oil and Gas Reporter - January 2012 - 96
American Oil and Gas Reporter - January 2012 - 97
American Oil and Gas Reporter - January 2012 - 98
American Oil and Gas Reporter - January 2012 - 99
American Oil and Gas Reporter - January 2012 - 100
American Oil and Gas Reporter - January 2012 - 101
American Oil and Gas Reporter - January 2012 - 102
American Oil and Gas Reporter - January 2012 - Financial Firms Expand Oil and Gas Divisions
American Oil and Gas Reporter - January 2012 - 104
American Oil and Gas Reporter - January 2012 - 105
American Oil and Gas Reporter - January 2012 - 106
American Oil and Gas Reporter - January 2012 - 107
American Oil and Gas Reporter - January 2012 - 108
American Oil and Gas Reporter - January 2012 - 109
American Oil and Gas Reporter - January 2012 - Multicomponent 3-D Poised for Growth in Shale Plays
American Oil and Gas Reporter - January 2012 - 111
American Oil and Gas Reporter - January 2012 - 112
American Oil and Gas Reporter - January 2012 - 113
American Oil and Gas Reporter - January 2012 - 114
American Oil and Gas Reporter - January 2012 - 115
American Oil and Gas Reporter - January 2012 - 116
American Oil and Gas Reporter - January 2012 - 117
American Oil and Gas Reporter - January 2012 - 118
American Oil and Gas Reporter - January 2012 - Cloud Computing Driving Business Step Changes
American Oil and Gas Reporter - January 2012 - 120
American Oil and Gas Reporter - January 2012 - 121
American Oil and Gas Reporter - January 2012 - 122
American Oil and Gas Reporter - January 2012 - 123
American Oil and Gas Reporter - January 2012 - 124
American Oil and Gas Reporter - January 2012 - 125
American Oil and Gas Reporter - January 2012 - Advanced Attributes Improve 3-D Interpretation
American Oil and Gas Reporter - January 2012 - 127
American Oil and Gas Reporter - January 2012 - 128
American Oil and Gas Reporter - January 2012 - 129
American Oil and Gas Reporter - January 2012 - 130
American Oil and Gas Reporter - January 2012 - 131
American Oil and Gas Reporter - January 2012 - 132
American Oil and Gas Reporter - January 2012 - 133
American Oil and Gas Reporter - January 2012 - 134
American Oil and Gas Reporter - January 2012 - 3-D Data Improve Knowledge of Shale Heterogeneity
American Oil and Gas Reporter - January 2012 - 136
American Oil and Gas Reporter - January 2012 - 137
American Oil and Gas Reporter - January 2012 - 138
American Oil and Gas Reporter - January 2012 - 139
American Oil and Gas Reporter - January 2012 - 140
American Oil and Gas Reporter - January 2012 - 141
American Oil and Gas Reporter - January 2012 - 142
American Oil and Gas Reporter - January 2012 - HBUR RSS Solves Granite Wash Drilling Challenges
American Oil and Gas Reporter - January 2012 - 144
American Oil and Gas Reporter - January 2012 - 145
American Oil and Gas Reporter - January 2012 - 146
American Oil and Gas Reporter - January 2012 - 147
American Oil and Gas Reporter - January 2012 - 148
American Oil and Gas Reporter - January 2012 - 149
American Oil and Gas Reporter - January 2012 - 150
American Oil and Gas Reporter - January 2012 - Technologies Improve Production Consistency in Resource Plays
American Oil and Gas Reporter - January 2012 - 152
American Oil and Gas Reporter - January 2012 - 153
American Oil and Gas Reporter - January 2012 - 154
American Oil and Gas Reporter - January 2012 - 155
American Oil and Gas Reporter - January 2012 - 156
American Oil and Gas Reporter - January 2012 - 157
American Oil and Gas Reporter - January 2012 - 158
American Oil and Gas Reporter - January 2012 - 159
American Oil and Gas Reporter - January 2012 - 160
American Oil and Gas Reporter - January 2012 - SaaS Helps Operator Streamline Data Management
American Oil and Gas Reporter - January 2012 - 162
American Oil and Gas Reporter - January 2012 - 163
American Oil and Gas Reporter - January 2012 - 164
American Oil and Gas Reporter - January 2012 - 165
American Oil and Gas Reporter - January 2012 - Automation Enhances Operations in Challenging Applications
American Oil and Gas Reporter - January 2012 - 167
American Oil and Gas Reporter - January 2012 - 168
American Oil and Gas Reporter - January 2012 - 169
American Oil and Gas Reporter - January 2012 - 170
American Oil and Gas Reporter - January 2012 - 171
American Oil and Gas Reporter - January 2012 - 172
American Oil and Gas Reporter - January 2012 - 173
American Oil and Gas Reporter - January 2012 - 174
American Oil and Gas Reporter - January 2012 - 175
American Oil and Gas Reporter - January 2012 - 176
American Oil and Gas Reporter - January 2012 - Dispersant Chemistry Combats Plugging in Low-Gravity Oil Wells
American Oil and Gas Reporter - January 2012 - 178
American Oil and Gas Reporter - January 2012 - 179
American Oil and Gas Reporter - January 2012 - 180
American Oil and Gas Reporter - January 2012 - 181
American Oil and Gas Reporter - January 2012 - New Technologies Optimize Production
American Oil and Gas Reporter - January 2012 - 183
American Oil and Gas Reporter - January 2012 - 184
American Oil and Gas Reporter - January 2012 - 185
American Oil and Gas Reporter - January 2012 - 186
American Oil and Gas Reporter - January 2012 - 187
American Oil and Gas Reporter - January 2012 - 188
American Oil and Gas Reporter - January 2012 - 189
American Oil and Gas Reporter - January 2012 - 190
American Oil and Gas Reporter - January 2012 - 191
American Oil and Gas Reporter - January 2012 - 192
American Oil and Gas Reporter - January 2012 - 193
American Oil and Gas Reporter - January 2012 - PIOGA
American Oil and Gas Reporter - January 2012 - 195
American Oil and Gas Reporter - January 2012 - 196
American Oil and Gas Reporter - January 2012 - 197
American Oil and Gas Reporter - January 2012 - Drilling Regs
American Oil and Gas Reporter - January 2012 - 199
American Oil and Gas Reporter - January 2012 - IOGAWV
American Oil and Gas Reporter - January 2012 - 201
American Oil and Gas Reporter - January 2012 - 202
American Oil and Gas Reporter - January 2012 - 203
American Oil and Gas Reporter - January 2012 - 204
American Oil and Gas Reporter - January 2012 - 205
American Oil and Gas Reporter - January 2012 - 206
American Oil and Gas Reporter - January 2012 - 207
American Oil and Gas Reporter - January 2012 - The Presidential Papers
American Oil and Gas Reporter - January 2012 - 209
American Oil and Gas Reporter - January 2012 - 210
American Oil and Gas Reporter - January 2012 - 211
American Oil and Gas Reporter - January 2012 - 212
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American Oil and Gas Reporter - January 2012 - 244
American Oil and Gas Reporter - January 2012 - 245
American Oil and Gas Reporter - January 2012 - 246
American Oil and Gas Reporter - January 2012 - 247
American Oil and Gas Reporter - January 2012 - 248
American Oil and Gas Reporter - January 2012 - Energy Education
American Oil and Gas Reporter - January 2012 - Conventions
American Oil and Gas Reporter - January 2012 - 251
American Oil and Gas Reporter - January 2012 - Shale Gas
American Oil and Gas Reporter - January 2012 - 253
American Oil and Gas Reporter - January 2012 - 254
American Oil and Gas Reporter - January 2012 - 255
American Oil and Gas Reporter - January 2012 - 256
American Oil and Gas Reporter - January 2012 - 257
American Oil and Gas Reporter - January 2012 - 258
American Oil and Gas Reporter - January 2012 - 259
American Oil and Gas Reporter - January 2012 - New Lits & Products
American Oil and Gas Reporter - January 2012 - 261
American Oil and Gas Reporter - January 2012 - Computer Currents
American Oil and Gas Reporter - January 2012 - 263
American Oil and Gas Reporter - January 2012 - Industry Focus
American Oil and Gas Reporter - January 2012 - 265
American Oil and Gas Reporter - January 2012 - 266
American Oil and Gas Reporter - January 2012 - 267
American Oil and Gas Reporter - January 2012 - 268
American Oil and Gas Reporter - January 2012 - 269
American Oil and Gas Reporter - January 2012 - 270
American Oil and Gas Reporter - January 2012 - 271
American Oil and Gas Reporter - January 2012 - 272
American Oil and Gas Reporter - January 2012 - Classified Advertising
American Oil and Gas Reporter - January 2012 - Advertisers Index
American Oil and Gas Reporter - January 2012 - 275
American Oil and Gas Reporter - January 2012 - 276
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