Shell Launches Preemptive Attack On Environmental Groups

Shell has filed a declaratory judgment action that names a number of environmental groups that are expected to challenge its plans for drilling in the Alaskan arctic.   Shell expects opposition to its spill response plan, which will  have to undergo public review, and wants to deal with that now rather than later. This from Alaska Public Radio:

Shell Alaska has taken an unusual step in asking a federal court Wednesday for a declaratory judgment on their Arctic spill response plan that was approved by the department of Interior in February. Shell is seeking this judgment against a number of environmental and conservation groups in an effort to end run the litigation that will likely challenge the process that was used to approve their plan. Shell Alaska spokesman Curtis Smith says the company wants a judge to consider sooner rather than later the merits of the spill response plan approval process.

Lots of us will be watching this with interest. Ordinarily, to get an environmental permit you file an application, there is public comment, and sometimes a legal challenge thereafter.  The legal challenge occasionally alleges that the process by which the permit was granted was improperly conducted.  Evidently Shell is trying to short circuit that particular argument, although it is unclear to me whether that would work. It would seem to me that the other appeal issues could string out the permit-issuing process to the same degree.  If it works, though, expect others to try the same sort of pre-emptive action.

Here is Shell's explanation of what it is doing.