A federal court on July 25 allowed the Environmental Defense Center (EDC) and its clients to intervene in a lawsuit against Santa Barbara County filed by fossil fuel companies trying to restart a huge oil and gas operation on the Gaviota Coast.
Sable Offshore Corp., ExxonMobil, and their affiliates are challenging the County’s decision to NOT transfer permits to Sable to operate Exxon’s old oil and gas facilities after a tie vote by the Board of Supervisors in February.
“The Court’s decision gives the nonprofit groups a voice in the case, ensuring the Court is able to hear environmental and community perspectives—not just those of the fossil fuel industry and the County,” said Environmental Defense Center’s DC Executive Director Alex Katz.
EDC represents our Sierra Club chapter, Get Oil Out!, the SB County Action Network (SBCAN), Santa Barbara Channelkeeper, and EDC in this case.
"Santa Barbara County law requires approvals of permit transfers for just this situation, when a major oil company sells to a small entity that wouldn't have the deep resources to adequately cope with a major spill or disaster, said Katie Davis our legal analyst.
“This oil operation is Sable's only asset, and if it was shut down in a spill, they wouldn't have the deep pockets of an oil major to help fund recovery. We look forward to helping defend the County's right to not transfer permits to unproven operators,” she added.
Sable applied to take over Exxon’s permits as part of its effort to restart the Santa Ynez Unit (SYU), the oil and gas facilities formerly owned by Exxon that include three offshore drilling platforms, onshore processing plants, and the same defective pipeline responsible for the Plains oil spill at Refugio State Beach in 2015—one of the worst oil disasters in state history.
In granting the environmental groups’ request to intervene in the case, the court noted that the County’s review of Sable’s application to transfer permits from ExxonMobil to Sable does not merely address the transfer of the permits, but “creates an administrative process designed to bar the transfer of [permits] to a transferee that would place the environment at risk.”
The court noted that the purpose of the County’s ordinance is to “safeguard the natural resources and environment of the county of Santa Barbara,” and that the environmental groups’ conservation interests would be affected by a decision to transfer the permits.
In recent months, Sable rushed to complete repairs on the corroded pipeline despite multiple cease-and-desist orders from the state Coastal Commission and numerous notices of violation from the Coastal Commission and other state agencies.
In April, the Coastal Commission issued a record $18 million fine and a third cease-and-desist order, however the company immediately continued its work on the pipeline until a Superior Court judge issued an injunction halting repairs pending resolution of litigation between the company and the Coastal Commission.
According to the Coastal Commission, much of the company’s work has destroyed or disrupted sensitive habitats in the Coastal Zone.
Sable’s request to transfer the facility permits was initially approved by the Planning Commission, but after strong opposition led by EDC and its clients, the Board deadlocked 2-2, and the County has not transferred the permits—leading to this lawsuit.