I’m attaching the complete comment letters from Sable Offshore and their main antagonist, California Attorney General Bonta, in response to PHMSA’s public notice and request for comments on Sable’s special permit application.
Summary of the California AG’s assertions:
“First, PHMSA is without authority to grant such a special permit because Lines CA-324/325 are intrastate pipelines and California regulators have sole regulatory oversight over any attempt to restart these Lines and issue state waivers. Second, California has vested interests in ensuring Lines CA-324/325 operate safely and PHMSA’s proposed special permit would dilute the higher state safety standards that were imposed on Sable and therefore it is inconsistent with pipeline safety. 49 C.F.R. § 190.341(d). Third, given the fact Line CA-324 already failed and caused a catastrophic oil spill in 2015 in Santa Barbara County, even if PHMSA had authority to issue a special permit (which it does not), a more robust environmental analysis needs to be performed. Fourth, PHMSA unlawfully invokes the Endangered Species Acts’s emergency consultation procedures and has given no indication that it will consult with the National Marine Fisheries Service, in violation of the Act. Finally, Secretary Wright’s March 13, 2026, order (“DPA
Order”) does not change anything about the propriety of the Application, because the DPA Order itself is unlawful.”
Summary of Sable’s position (screenshot):
You can sample the other public comments, some of which are quite good, by visiting the Regulations.gov docket.
Bud's Offshore Energy (BOE) 
I think the California AG has a weak case in challenging the Department of Energy’s authority under the Defense Production Act, which is likely to upheld by courts, particularly SCOTUS if it goes that far. The Rosenfeld critique, attached to Sable’s comment letter, of the Kuprewicz pipeline analysis also documents the detailed pipeline inspection measures being followed to comply with the Consent Decree. This dilutes the AG’s argument that operation of the pipeline poses a significant risk to the environment and supports PHMSA’s decision to approve the special permit restarting Sable’s pipelines.
Good points!