With a lawsuit in U.S. Federal courts contesting the lax standards Shell is being allowed to operate under, safety of both workers and of the environment falls into question. The lawsuit invokes the U.S. Clean Water Act, the Endangered Species Act and Oil Pollution Act, statingthe Bureau of Safety and Environmental Enforcement (BSEE) signed off on Shell's exploration plans despite oil spill plans requiring greater scrutiny.

Shell's plan to drill a thousand miles away from the nearest population centre means the ability to deal with spills is limited. The containment barge Shell was expecting to make use of has not passed inspection by the Coast Guard. Royal Dutch Shell is attempting to get the Coast Guard to relax certification standards so it can use the thirty-seven year old Arctic Discoverer.

Shell has published lengthy documentation on it's spill prevention and oil recovery plan, none of the actual machinery has ever been successfully tested in the Arctic.