1. David Bernhardt dbernhardt@bhfs.com
Intertek: Trends in Energy Conference Exploring the Changing Landscape of Offshore Regulatory Frameworks
David Bernhardt
Brownstein Hyatt Farber Schreck, LLP

2. A KEY PROBLEM
“One of the key problems that we are addressing – and that cannot be avoided – is this:  how will government and industry make the fundamental reforms necessary to improve the safety and environmental protection in this massive industry, while at the same time allowing for the continuity of operations and production?”-- Bureau of Ocean Energy Management, Regulation and Enforcement Director Michael R. Bromwich
Brownstein Hyatt Farber Schreck, LLP

3. The Changing Landscape
Brownstein Hyatt Farber Schreck, LLP

4. MMS/BOEMRE’s EIS Timelines
Subject/Project
Year Started
Length
Beaufort Sea and Chukchi Sea Planning Areas, Multi-Sale EIS
2007
20 Months
OCS Western and Central Gulf of Mexico Lease Sales for Years
12 Months
Cape Wind Offshore Wind Development
2006
32 Months
Programmatic EIS - Alternative Energy and Alternate Use of Facilities on the OCS
18 Months
OCS Western and Central Gulf of Mexico Lease Sales for Years
13 Months
Eastern Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sales
2002
16 Months
Cook Inlet Planning Area Lease Sales
2001
23 Months
Beaufort Sea Multi-Sale EIS
17 Months
Brownstein Hyatt Farber Schreck, LLP

5. Recent Story
“NEPA has long been a potent weapon for environmental groups and activists skeptical of drilling in Alaska and the Rocky Mountain West, but such groups had rarely turned to it in the Gulf.”
“In the eight years of the Bush administration, only one lawsuit was filed by an environmental group to challenge Gulf drilling under NEPA. Compare that to 388 NEPA suits filed during the same time against the Forest Service.”
“A dozen or more NEPA cases have been filed since the spill by environmental groups like the Center for Biological Diversity, Gulf Restoration Network and Sierra Club.”
"There were many people who thought of it as America's industrial sacrifice zone," said Regan Nelson of the Natural Resources Defense Council. "I don't think you'll see the same inattention in the future.“ Greenwire 2/3/2011.
Brownstein Hyatt Farber Schreck, LLP

6. A Cautionary Quote to Policy Makers
"I think you're caught in a little bit of tension. There's an urgency because we've had a major event. But I'm not sure you want to leap completely until you know what all the details and the facts are that will be generated.”--Thad Allen, Coast Guard Retired Admiral.
Brownstein Hyatt Farber Schreck, LLP