From an article in today's Fairbanks Daily News-Miner
The head of Shell Alaska might appeal a recent court ruling that
indefinitely delayed plans to drill exploratory wells in Beaufort Sea
during 2009.
Stopped by the Ninth Circuit Court of appeals which agreed the federal
review of the plan fell short of addressing the potential impact on
marine mammals and the subsistence lifestyle of people living along the
Beaufort shore.  The court told the Minerals management Service, which
approves offshore drilling activities, to rework its assessment of
Shell's proposal.

Shell Alaska's general manager said the decision was a disappointment in
light of the $2.5 billion the company spent during the last three years
on outer Continental Shelf leases and operations in Alaska. Pete Slaiby,
general manager, said "the Ninth is imposing on use, against the will of
the nation."  He said the court decision may force some hard decisions on
Shell.

The decision could set a precedent as to how exploration of Alaska's
offshore oil is, or is not, permitted. 

The decision came after Shell wrapped up what it calls the most
successful seismic season ever in the Chukchi and Beaufort seas. 
Officials also touted progress in building on a slim body of knowledge
about bowhead whales and other marine mammals through extensive
scientific research, some of it in partnership with University of Alaska
Fairbanks.

But the court ruled that MMS, responsible for approving Shell's
exploration plan, failed to take a hard look at the effects of
development on bowhead whales and subsistence activities.  Among the
major gaps, according to the court, were how noise from drill ships and
icebreakers might disturb the endangered whales, possibly prompting them
to deviate from historic migration routes and feeding.
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