On November 10 the Center for Biological Diversity ("CBD") notified EPA and the U.S. Coast Guard of its intent to sue both agencies for not taking into account the harm that Alaska's state oil-spill contingency plans pose to endangered and threatened species. Specifically, CBD alleges that the agencies authorized the use of toxic oil dispersants without first determining how they could affect polar bears, beluga whales, steller sea lions and other species.

The same day Pew Environmental Group released a 137-page report concluding that the risk of an oil spill in Alaska's Outer Continental Shelf is greater than government studies suggest. According to the report, "response plans not only fail to realistically account for the harsh climate and remote location, but they also make overly optimistic assumptions."