communities and their small business partners continue to
actively oppose not just offshore drilling, but the seismic
testing that may or may not precede it. NK
Thanks to Steve Gilbert of the South Carolina Wildlife
Federation for his comments and contributions to this article.
1 M
cCauley, R.D., Swadling, K.M., Fitzgibbon, Q.P., Watson,
R.A., Semmens, J. M., “Widely used marine seismic survey
air gun operations negatively impact zooplankton.” Nature
Ecology & Evolution Nature Ecology & Evolution volume1,
Article number: 0195 (2017), Jun 22, 2017 (online), accessed Jan
8, 2020, www.nature.com/articles/s41559-017-0195.
2 Jordan, H, “Seismic Airgun Blasting”, accessed Jan 8, 2020,
www.cleanoceanaction.org/fileadmin/editor_group1/Issues/
infographic_8.5x11_nobleed.pdf.
3 Greenberg, J, “Airhorn-blasting Congressman Mostly Right
About Seismic Airgun Intensity”, Mar 15, 2019, accessed Jan
8, 2020, www.politifact.com/truth-o-meter/statements/2019/
mar/15/joe-cunningham/yes-airguns-used-oil-gas-exploration-
are-16000-tim/.
4 Merriam-Webster Dictionary, s.v.”noise pollution”, accessed Jan 8,
2020, www.merriam-webster.com/dictionary/noise%20pollution.
5 US Environmental Protection Agency, “Laws and Regulations:
Summary of the Noise Control Act”, accessed Jan 8, 2020, www.
epa.gov/laws-regulations/summary-noise-control-act.
6 Lawrence, MJ, Stemberger, HL, Zolderdo, AJ, Struthers, DP,
Cooke , SJ, “The effects of modern war and military activities on
biodiversity and the environment”, Environmental Reviews, 2015,
23(4): 443-460, accessed Jan 8, 2020, doi.org/10.1139/er-2015-
0039.
7 S outhern Environmental Law Center, “Offshore Drilling”,
accessed Jan 8 2020, www.southernenvironment.org/cases-and-
projects/offshore-oil-drilling.
8 Oceana, “Grassroots Opposition to Offshore Drilling and
Exploration in the Atlantic Ocean and off Florida’s Gulf Coast”,
accessed Jan 8, 2020, https://usa.oceana.org/climate-and-energy/
grassroots-opposition-offshore-drilling-and-exploration-atlantic-
ocean-and.
9 The SC Small Business Chamber of Commerce. “SC Business
Reasons for Opposing Offshore Oil Drilling/Seismic Testing”, Feb
4, 2019, accessed Jan 8, 2020. scsbc.org/sc-business-reasons-for-
opposing-offshore-oil-drilling-seismic-testing-2/.
10 1 6 U.S.C. sec.1371(a)(5)(D)(i)(I), and sec.1371(a)(3)(a) of the
Marine Mammal Protection Act.
11 1 6 U.S.C. sec.1536(a)(2), Endangered Species Act.
12 The sixteen municipalities and the SC Small Business Chamber of
Commerce initially filed suit in US District Court in Charleston
contesting the validity of the five IHAs. Fearing that seismic
testing would begin before their suit was resolved, the plaintiffs
subsequently petitioned for an injunction. Conservation groups
also filed for an injunction to stop the testing and the two cases
were merged; ten East Coast Attorneys General have intervened
in the combined suits.
e specific conditions that DHEC was allowed to require in
13 Th
2015 involved limiting seismic testing activities during turtle
mating season (April through September) and within 40 nautical
miles of the shoreline.
eg Howell, Testimony before SC House of Representatives, July
14 P
12, 2017.
15 F
ederal Defendants and BOEM’s response to the Court’s dated
May 2, 2019 (ECF 266) requesting information.
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