Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 35

**DEFICIENT** MOTION to Intervene by Center for Biological Diversity, Defenders of Wildlife, Florida Wildlife Federation, Natural Resources Defense Council, Sierra Club. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion Hearing set for 7/28/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: # 1 Exhibit 1 - Declaration of Michael Senatore, # 2 Exhibit 2- Declaration of Alison Chase Granshaw, # 3 Exhibit 3- Declaration of Peter Galvin, # 4 Exhibit 4- Declaration of Frank Jackalone, # 5 Exhibit 5 - Declaration of Manley Fuller, # 6 Proposed Order, # 7 Proposed Pleading Responsive Pleading Per Rule 24(c), # 8 Memorandum in Support of Proposed Pleading, # 9 Proposed Order, # 10 Motion to Expedite, # 11 Memorandum in Support of Motion to Expedite, # 12 Proposed Order, # 13 Notice of Hearing)(Suttles, John) Modified on 6/18/2010 (gec, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, LLC, ) ) Plaintiff, ) ) v. ) ) KENNETH LEE "KEN" SALAZAR, in his ) official capacity as Secretary, United ) States Department of the Interior; ) ROBERT "BOB" ABBEY, in his official ) capacity as Acting Director, Mineral ) Management Service; and MINERALS ) MANAGEMENT SERVICE, ) ) Defendants. ) __________________________________________)

CIVIL ACTION NO. No. 10-1663(F)(2) SECTION F JUDGE FELDMAN MAGISTRATE 2 MAGISTRATE WILKINSON

DECLARATION OF PETER GALVIN IN SUPPORT OF | PROPOSED DEFENDANT-INTERVENORS' MOTION TO INTERVENE I, Peter Galvin, do hereby declare as follows: 1. The facts set forth in this declaration are based on my personal knowledge and if

called as a witness, I could and would competently testify thereto under oath. As to those matters which reflect a matter of opinion, they reflect my personal opinion and judgment upon the matter. 2. The Center for Biological Diversity ("Center") is a tax-exempt, non-profit,

membership organization with over 42,000 members and offices in various states, including over 3,500 members in the Gulf of Mexico region. The Center is dedicated to the preservation, protection, and restoration of biodiversity, native species, ecosystems, and public lands. The Center's members and staff use the Gulf of Mexico for wildlife observation, research, nature photography, aesthetic enjoyment, recreational, educational, and other activities. The Center is

one of the leading conservation groups advocating for protection of the Gulf of Mexico against deepwater oil and gas drilling. 3. As a member, board member, and staff person of the Center, I too have personal

interests in the Gulf of Mexico. I have visited the Gulf of Mexico region numerous times over my lifetime in both my professional and personal capacity. My travels and research have taken me to the coastline of all the Gulf States. I've spent considerable time enjoying the Gulf of Mexico in the panhandle region of Florida and on the Ft. Morgan Peninsula on the Alabama coast. I have family who live in Alabama and I visit there regularly. My first visit to the Gulf occurred around 1975 and my most recent visit to the Gulf Coast was this past Christmas 2009. I've visited the Gulf of Mexico more than 15 times and I look forward to many more visits there. Specifically, I plan to visit Alabama and the Gulf Coast just after this Christmas 2010 and into early January 2011. I have plans to visit the Ft. Morgan area along the Alabama coast and St. George Island, off the Florida Coast. 4. My interests and the interests of other members of the Center for Biological

diversity have been adversely affected by the BP oil spill in the Gulf of Mexico, and would be adversely affected by future spills and ongoing offshore drilling activities. The Center's members' interests in wildlife oriented activities. For example, the oil spill has damaged the Gulf coast's coastal wetlands that provide crucial nesting and resting habitat for migratory birds. The oil spill occurred during the height of sea turtle nesting season threatening the future survival of endangered sea turtles and hundreds of dead sea turtles are washing up along the Gulf's shores. Our abilities to view these wildlife, enjoy their natural habitat, and to advocate for their protection are inhibited by this oil spill. Similarly, any future oil spill threatens similar injuries to the Center and its members.

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5.

Since the organization's founding in 1989, the activities of the Center have

focused on the protection of endangered species and their habitats. The Center has several programs in place to address the many components of such advocacy including an Oceans Program, Climate, Air, and Energy Program, and Biodiversity Program. 6. I am one of the founders of the Center and helped create its organizational

purpose and goals. Currently, I am the Conservation Director of the organization and serve on the Board of Directors. 7. In helping create the Center, I sought to establish a nonprofit organization that

addressed many of my personal interests in protecting endangered species from the many threats they face such as habitat loss, land development, resource extraction, and climate change. In addition, the Center was created to protect the interests of its staff, members, and board in regard to the future well-being of endangered species, including the protection of the natural habitats and species that Center's members enjoy. 8. As part of its mission, the Center provides oversight of governmental activities

that impact endangered species. The Center has been at the forefront of efforts to hold the government accountable for its obligations under the Endangered Species Act and engages in litigation strategies to ensure that our nation's environmental laws are enforced with respect to imperiled wildlife and its habitat. 9. The Center's Oceans Program focuses on the protection of marine species and

their ocean habitats, including significant efforts to ensure the conservation of marine mammals. The Center has worked extensively to protect marine life from threats to their survival and recovery; this includes, inter alia, efforts to ensure Endangered Species Act protections for several species. The Center has undertaken numerous specific efforts to conserve species

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affected by offshore oil and gas activities including sperm whales, North Atlantic right whales, bluefin tuna, right whales, loggerhead, leatherback, and Kemp's Ridley sea turtles, smalltooth sawfish, manatees, elkhorn and staghorn corals in the Gulf of Mexico, as well as polar bears, walrus, southwest Alaska population of sea otter, spectacled and Steller's eiders, Cook Inlet beluga whales, among other species in areas of Alaska slated for offshore drilling. 10. The Center provides oversight of offshore oil and gas activities affecting marine

and coastal species and their habitat. The Center has worked to reduce ship collisions and noise pollution from harming marine mammals, a risk associated with deepwater oil and gas development. In 2007, the Center challenged the Minerals Management Service's 5-year plan for offshore oil development 2007-2012 on environmental grounds, and the D.C. Circuit subsequently vacated the 5-year plan. Our organization has also worked to protect Arctic wildlife and habitat from the impacts of offshore oil and gas development, including oversight of the Minerals Management Service, litigation to ensure environmental compliance, and administrative appeals of industry permits. 11. The Center has also been engaged in activities related to the moratorium on

deepwater drilling. Specifically, the Center has advocated for stricter environmental oversight of offshore drilling and regulatory reform to better protect the marine environment from the risks of offshore drilling, including deepwater drilling. The six-month moratorium allows for such safety and environmental analysis and measures. The Center has monitored the Minerals Management Service's approvals of exploration and development plans and applications to drill and found that most evade environmental review. The Center has disseminated this information to the public, petitioned the Minerals Management Service for better environmental review, and has litigation

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pending over the plans that were approved absent adequate environmental analysis. The temporary moratorium may allow resolution of these regulatory problems. 12. I am aware that routine activities of offshore oil and gas activities, including

deepwater drilling, have adversely affect the wildlife and habitat. For example, drilling and seismic surveys create noise pollution that can interfere with wildlife behavior and cause hearing loss. Additionally, the discharges of drilling muds and produced waters can contaminate the marine environment and poison wildlife. Marine debris from offshore rigs and vessels can entangle and drown sea turtles and marine mammals. 13. I am also aware that oil spills adversely affect the marine life and habitat that the

Center works tirelessly to protect. Oil is