MOBILE, Ala. (WPMI) — A 2020 biological report on the impacts of oil and gas development on protected marine life in the Gulf of Mexico was rejected by a federal court.

The opinion was prepared by the National Marine Fisheries Service, a division of NOAA. The court ruled that the opinion violated the Environmental Species Act and the Administrative Procedure Act.

In 2021, five environmental organizations challenged the ruling. Earthjustice filed suit on behalf of these five organizations. Now these organizations announce that they have won.

Joanie Steinhaus is the ocean program director for the Turtle Island Restoration Network, one of the organizations involved in the lawsuit. She says this has been in the works for years.

“We thought from the beginning when the National Marine Fisheries Service presented its biological opinion published in 2020 that it was flawed. It did not recognize the species at stake and did not provide them with adequate protection,” she said.

One of the “endangered species” Steinhaus is referring to is the Rice’s whale. NOAA Fisheries estimates that there are probably fewer than one hundred individuals left, making it one of the most endangered whale species in the world.

“This species of whale mainly stays in the Gulf of Mexico, so there is a chance of interaction when they rest at night. They stay closer to the surface, so the risk of collision with ships is high,” she said.

The five groups also argue that the biological report did not adequately take into account the possibility of future oil disasters.

“In addition, exploration, seismic surveys and various offshore oil and gas rig development activities may have significant impacts on their ability to find food, communicate with other whales and migrate through the Gulf of Mexico,” Steinhaus said.

According to the ruling, the current biological opinion will remain valid until the National Marine Fisheries Service issues a new opinion in December.

“We believe this is an opportunity for them to get it right and put in place the protections that allow oil and gas production. They will continue their work. It will not hinder their work, but it will also create new policies for protecting these species,” Steinhaus said.