HOUSTON — In an attempt to avoid a last-minute challenge from environmental groups that could delay its plans to begin drilling for oil this summer off the coast of Alaska, Shell asked a federal court on Wednesday to review its Alaska Arctic oil spill response plan and decide whether it complied with the law's requirements.
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Shell received tentative approval from the Interior Department two weeks ago for its spill response plan, a crucial step toward clearing the way for the oil company to begin drilling in the Chukchi Sea this year. Several more regulatory barriers remain, but the company hopes it can get past all the hurdles and expected appeals in the next few months, while the narrow window for summer drilling in ice-free waters remains open.
"This pre-emptive action is an attempt to avoid a legal challenge on the eve of operations," said Bill Tanner, a Shell spokesman. "We are anticipating that they were going to sue us."
In a statement, Shell said it was filing the request for a declaratory judgment against 13 environmental groups, including Greenpeace and the Sierra Club, which have been resisting Shell's drilling plans for five years.
Rebecca Noblin, the lawyer for the Center for Biological Diversity, one of the groups named by Shell, said the filing was "a desperate attack on the First Amendment rights of those who oppose drilling, and it reeks of an attempt to stifle opposition."
The legal maneuver represents a risky tactic for the oil company since it will be seen as effectively suing various environmental groups in order to proceed with Arctic drilling. Shell has spent more than $4 billion so far on its efforts to drill off the North Slope in the Beaufort and Chukchi Seas but has faced opposition from environmentalists and some native groups that are concerned that the drilling activities would harm wildlife, including walruses and bowhead whales. Opponents say that the long nights, stormy seas and heavy winds would also make a cleanup of any spill difficult, especially since the region is so remote.
The company's response plan is intended to ensure that in the event of a blowout or spill, the well could be shut down quickly and any oil discharged contained quickly. Shell has promised to have specially trained personnel and spill control equipment near drilling rigs at all times. One skimmer, the 300-foot Nanuq, will be able to store 12,000 barrels of oil, and a tanker will have a 513,000-barrel capacity.