Politics & Government

Third Circuit Court Rules Against N.J.; Ocean 'Blasting' Can Proceed

Seismic blasting can continue as New Jersey litigates, court rules

The U.S. Third Circuit Court of Appeals ruled Monday that seismic blasting off New Jersey's coast can proceed, the environmental group Clean Ocean Action said.

The federal court denied the New Jersey Department of Environmental Protection's request for a preliminary injunction that would have temporarily stopped the seismic survey being conducted off the coast of New Jersey. The state agency earlier this month failed to convince a U.S. District Court to stop the blasting, which is scheduled to occur over a 230 mile swath of ocean off Ocean County for a 30 period beginning this month.

The preliminary injunction would have remained in effect for the duration of the litigation and until the District Court ruled on the merits of NJDEP’s claims, Clean Ocean Action said.

"This is a very disappointing decision for marine life and for those who depend on a clean and healthy ocean," said Cindy Zipf, Executive Director of the group, which had been supporting the state's efforts and filed an amicus brief with the court last week. "It is upsetting that the blasting of our ocean be allowed to continue during the legal challenge."

New Jersey officials have argued that a study was not conducted to determine the environmental impacts of the study, which could also lead to economic impacts to the state's commercial and recreational fishing fleet, some have said.

The project, which is being undertaken by Rutgers University, the University of Texas and the National Science Foundation, will include air gun blasts 11,500 feet underground that will reach sounds of 250 or more decibels and occur every five seconds, 24 hours a day, for a month.

Those conducting the study say its purpose is to research climate change over millions of years. Public officials and environmentalists fear, however, that data derived from the blasting study could renew a push by oil companies to drill off the Jersey Shore.

Commercial and recreational fishermen, as well as wildlife advocates, have warned that the study could decimate fishing grounds and disrupt the migration of finfish and marine mammals, including endangered whale species. The universities have received a federal permit that allows for the harassment and killing of some species.

The study will be conducted between 15 and 50 miles off Barnegat Inlet by the Marcus G. Langseth research vessel, which according to MarineTraffic.com, was moored at a pier off Columbia Street in Brooklyn, N.Y. Last week, the boat was moving in a circular pattern off Long Beach Island, N.J.


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