C.F.R. » Title 30 » CHAPTER II—BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—OFFSHORE › PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF › Subpart A—General

30 C.F.R. § 250.172

When may the Regional Supervisor grant or direct an SOO or SOP?

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The Regional Supervisor may grant or direct an SOO or SOP under any of the following circumstances:

(a) When necessary to comply with judicial decrees prohibiting any activities or the permitting of those activities. The effective date of the suspension will be the effective date required by the action of the court;

(b) When activities pose a threat of serious, irreparable, or immediate harm or damage. This would include a threat to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment. BSEE may require you to do a site-specific study (see § 250.177(a)).

(c) When necessary for the installation of safety or environmental protection equipment;

(d) When necessary to carry out the requirements of NEPA or to conduct an environmental analysis; or

(e) When necessary to allow for inordinate delays encountered in obtaining required permits or consents, including administrative or judicial challenges or appeals.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2008–2022 · leading case: Century Expl. New Orleans, LLC v. United States, 110 Fed. Cl. 148 (Fed. Cl. 2013).
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Century Expl. New Orleans, LLC v. United States, 110 Fed. Cl. 148 (Fed. Cl. 2013). · cites it 5× “30 C.F.R. § 250.172 (c). In the absence of negligence or willful misconduct on the part of the lessee, the Secretary may extend the duration of a suspended lease for a period of time equal to the length of the suspension.”
Hornbeck Offshore Servs., L.L.C. v. Salazar, 696 F. Supp. 2d 627 (E.D. La. 2010). · cites it 3× “” 30 C.F.R. § 250.172 (b). The Regional Supervisor can also declare a suspension “when necessary for the installation of safety or environmental protection equipment.”
Hornbeck Offshore Servs., L.L.C. v. Salazar, 713 F.3d 787 (5th Cir. 2013). “” It stated that based on the report to the President, and further evaluation of the issue, [the Secretary] find[s] at this time and under current *790 conditions that offshore drilling of new deepwater wells poses an unacceptable threat of serious and irreparable harm to…”
Defenders of Wildlife v. Bureau of Ocean Energy Mgmt., Reg., & Enf't, 871 F. Supp. 2d 1312 (S.D. Ala. 2012). · cites it 3× “’’); 30 C.F.R. § 250.172 (b), (d) (Regional Supervisor may suspend oil/gas operations in the OCS “[w]hen activities pose a threat of serious, irreparable, or immediate harm or damage” to the environment, or “[w]hen necessary to carry out the requirements of NEPA or to conduct an…”
Ctr for Biological Diversity v. Ken Salazar, 683 F.3d 158 (5th Cir. 2012). “30 C.F.R. § 250.172 (d); see also id. at 250.”
Hornbeck Offshore Servs., L.L.C. v. Salazar, 701 F.3d 810 (5th Cir. 2012). “” The May Directive explained that based on the report to the President, and further evaluation of the issue, [the Secretary] find[s] at this time and under current conditions that offshore drilling of new deepwater wells poses an unacceptable threat of serious and irreparable…”
Friends of the Earth v. Haaland (D.D.C. 2022). “Likewise, API cites 30 C.F.R. § 250.172 (d), which allows BOEM to suspend operations or production “[w]hen necessary to carry out the requirements of NEPA.”
Amber Resources Co. v. U.S. [Revised] (Fed. Cir. 2008). “” 30 C.F.R. § 250.172 (b). 2007-5047,-5082 3 During such “directed” suspensions, no offshore activity on the leases is permitted.”
— 30 C.F.R. § 250.172(b) — 3 cases
Hornbeck Offshore Servs., L.L.C. v. Salazar, 713 F.3d 787 (5th Cir. 2013). “” It stated that based on the report to the President, and further evaluation of the issue, [the Secretary] find[s] at this time and under current *790 conditions that offshore drilling of new deepwater wells poses an unacceptable threat of serious and irreparable harm to…”
Hornbeck Offshore Servs., L.L.C. v. Salazar, 696 F. Supp. 2d 627 (E.D. La. 2010). “” 30 C.F.R. § 250.172 (b). The Regional Supervisor can also declare a suspension “when necessary for the installation of safety or environmental protection equipment.”
Hornbeck Offshore Servs., L.L.C. v. Salazar, 701 F.3d 810 (5th Cir. 2012). “” The May Directive explained that based on the report to the President, and further evaluation of the issue, [the Secretary] find[s] at this time and under current conditions that offshore drilling of new deepwater wells poses an unacceptable threat of serious and irreparable…”
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