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Archive for the ‘pipelines’ Category

Twenty Members of Congress (17 from California) filed the attached amicus brief in support of California’s challenge to the use of the Defense Production Act (DPA) to facilitate the restart of production at the Santa Ynez Unit (SYU) in the Santa Barbara Channel.

Per their filing:

This case is not about national defense. It is about a heavily leveraged, crude oil company asking the President to transform the DPA from a statute designed to“assure the availability of domestic energy supplies for national defense needs,” 50 U.S.C. § 4502(a)(5), into a corporate rescue operation for political allies; a rescue that advances the Administration’s political preference for fossil-fuel development at the expense of all other concerns. The Department of Energy’s (“DOE”) March 13, 2026 order (the “Wright Order”) comes nowhere close to identifying a need for Sable crude oil or pipelines in the Order’s generalized invocation of California’s military presence and increased reliance on foreign crude.

Comments:

  • The brief includes no new arguments or information.
  • Is it not disingenuous to raise concerns about Sable’s financing when these critics and their allies spent a decade blocking Exxon, one of the world’s strongest companies, from restarting SYU production? Exxon’s frustration led to the ownership transfer to Sable, even though Exxon could still be held liable for some obligations, most notably decommissioning.
  • Given the conflict-driven turmoil in the energy markets and the risk of shortages affecting military operations, how is it a stretch to issue a DPA order directing the restart of an important onshore pipeline?
  • A Federal judge for the Central District of California has already opined that the DPA is a “significant statutory grant of authority to the executive, giving the President substantial discretionary power to compel private industry, allocate resources, and incentivize domestic production for national defense.”
  • With oil prices soaring, this is a bad time to attempt to halt a 20+% increase in California oil production.

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Attached is the final version of AB 1448, which is among the stack of bills awaiting Gov. Newsome’s signature. John Smith has highlighted provisions of concern.

If enacted and upheld in the courts, the bill would serve as a blockade on new Outer Continental Shelf (OCS) production. The bill would:

  • prohibit pipelines and other infrastructure located within state waters from being used to support Pacific Outer Continental Shelf (OCS) leases issued after January 1, 2026.
  • prohibit the State Lands Commission from entering into any lease authorizing new construction of oil- and gas-related infrastructure within state waters for the purpose of supporting Pacific OCS leases issued after January 1, 2026.
  • prohibit any existing leases and oil- and gas-related infrastructure located within state waters from being used to support Pacific OCS leases issued after January 1, 2026.
  • require a separate process for the approval of any lease extension that would increase the volume of oil and gas transported across state waters “including by commencing, increasing, intensifying, or restarting production” from the OCS. This would presumably include pipelines transporting Santa Ynez Unit production and production increases at other OCS facilities.

It’s hard to believe these provisions would survive legal challenges given their constraint on interstate commerce and Federal OCS activities.

On a related note, California royalty owners are actively challenging Santa Barbara County and Los Angeles proposals that would prohibit new oil and gas wells and ultimately phase out all existing production. AB 1448 would have a similar effect on OCS royalty owners – namely the citizens of the United States.

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John Smith informs us that the California State Lands Commission is developing an Analysis of Impacts to Public Trust Resources and Values (APTR) for the remaining offshore oil and gas pipeline leases under its jurisdiction. See the attached slides.

The APTR will assess the risks and impacts of continued offshore pipeline use and will include additional analyses related to pipeline integrity, cultural resources, ocean and coastal uses, and economic resources.

John suspects the primary underlying purpose of this study is to build a case for terminating all offshore oil and gas production by imposing requirements that would make offshore oil and gas production uneconomic. This could be accomplished by significantly increasing lease rental and bonding requirements, imposing more stringent pipeline inspection and repair requirements, or requiring operators to shut down or replace pipelines and other aging infrastructure considered by the state to pose an unacceptable risk to the environment.  

Also, given that Platform Irene is on a terminated OCS lease and is no longer producing, John and I are wondering why the Irene pipelines are included in the APTR study.

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Sable Offshore Corp. may use an emergency restart order from Energy Secretary Chris Wright as legal authority to continue transporting Santa Ynez Unit production through the onshore pipeline system.

Judge Stephen V. Wilson said the Defense Production Act (DPA) is a “significant statutory grant of authority to the executive, giving the President substantial discretionary power to compel private industry, allocate resources, and incentivize domestic production for national defense.”

The opinion also granted the Trump administration’s request to modify a federal consent decree entered in 2020 which governs the restart of the Las Flores pipeline system.

The order removes the California Office of the State Fire Marshal as the primary agency responsible for Sable’s compliance with the oil spill consent decree, and substitutes the Pipeline and Hazardous Materials Safety Administration.

Here is the 45 page decision.

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A 7/28/2026 Dept. of Justice brief submitted to the Ninth Circuit Court of Appeals cites the 5/28/2026 Supreme Court decision in Flowers Foods Inc. v. Brock in asserting that Sable’s onshore pipeline segments are interstate and subject to Federal jurisdiction.

This filing is part of multi-faceted litigation involving Federal preemption, a 2020 Consent Decree, emergency special permits, and state environmental concerns. The Ninth Circuit is handling the expedited briefings and consolidation of petitions.

DoJ’s core argument is that Sable’s onshore segments do not interrupt the continuous “flow of commerce” from Outer Continental Shelf (OCS) offshore extraction → onshore processing → further transport to terminals (e.g., in Kern County). Thus, the system qualifies as interstate commerce subject to Federal (PHMSA) oversight rather than state regulation.

The Flowers Foods Inc. v. Brock case considered similar flow of commerce issues. The SCOTUS agreed with the Tenth Circuit that Brock delivery franchisees were engaged in interstate commerce even if they never cross State lines. The gist of the decision is as follows (emphasis added, full decision attached):

The Federal Arbitration Act (FAA) requires courts to enforce many private arbitration agreements, but it also provides that “nothing” in the law shall be used to compel arbitration in disputes involving the “contracts of employment” of any class of workers “engaged in . . . interstate commerce.” 9 U. S. C. §1. This case poses the question whether someone can qualify as a worker under the §1 exemption if he never crosses state lines and never interacts with vehicles that do. Flowers Foods, Inc., is a large producer of packaged baked goods with bakeries in 19 States. To get its products to market, the company depends in part on franchisees who buy the distribution rights to Flowers’s products in specific geographic territories. Angelo Brock is one such franchisee serving the Denver area; he picks up Flowers’s products from a warehouse in Colorado and delivers them to local stores, all without leaving the State. In 2022, Brock sued Flowers in federal district court alleging that the company had underpaid him and other distributors in violation of various federal and state laws. Flowers moved to compel arbitration, arguing that the FAA generally requires courts to stay or dismiss cases when the parties have agreed to resolve their disputes by arbitration and that Brock had signed a distribution agreement promising to arbitrate any disagreement. The district court denied Flowers’s motion, and the Tenth Circuit affirmed. Resting its decision on 9 U. S. C. §1, the Tenth Circuit reasoned that Brock belonged to a class of workers engaged in interstate commerce and thus the court lacked authority to compel arbitration.

We should soon find out what the Ninth Circuit thinks!

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Image of Who Is Dolly Gee? A Look at the Judge Deciding the Fate of Trump’s Executive Order - The New York Times
Federal Judge Dolly Gee, Central District of California

Sable Offshore and Exxon had alleged that Santa Barbara County’s refusal to transfer title and permits for Santa Ynez Unit facilities from Exxon to Sable amounted to an unconstitutional taking of their property rights. Judge Gee disagreed.

As colorfully put by Nick Welsh at the Santa Barbara Independent, Judge Gee told Sable and Exxon to “go pound sand” (not literally, but the judicial equivalent). The judge refused to even allow Sable to amend their filing. The judge will however allow Exxon to file an amended complaint, given that the company still has vested rights to the facilities and is still on the hook for the decommissioning costs.

As always with these Santa Ynez Unit matters, there is much more to come!

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Sable Offshore began ramping up production at Platform Harmony last May delivering oil and gas to their Los Flores Canyon Processing Facility. In March, they resumed transportation to the Pentland pipeline segments and achieved first sales.

Below are BOEM production data for Harmony through March 2026. Harmony production was expected to increase to 22,000 bopd in May. Similarly, Sable forecasted Heritage production of 30,000 bopd for that month. The actual production numbers should be available in a month or two.

Nothing in the March production data for Harmony is particularly surprising. The gas-oil ratio (GOR) of ~1000 cu ft/bbl is rather typical for oil production in the region, as is the water cut, although less water production would be preferred. Produced water is not discharged from the platform, but is injected subsurface through disposal wells.

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In the ongoing Santa Ynez Unit production restart saga, John Smith informs that a California Appellate Court ruled against Sable Offshore by a vote of 2-1, with a strong dissent from one of the three judges.

The decision (attached) affirms the California Coastal Commission’s regulatory authority over Sable’s Los Flores Canyon pipeline repairs, meaning that Sable could be ordered to cease operating the pipeline. However, this is just one element of a complex legal maze. An important case regarding PHMSA’s emergency special permit for the pipeline will be heard by the Federal 9th Circuit Court of Appeals in July.

The dissenting judge’s opinion beginning on p.15 of the attachment sets the stage for the upcoming arguments in the 9th Circuit. Excerpt:

“But first, a dose of reality. The repair work has been done. It is a “fait accompli.” And, pursuant to federal intervention, oil is now flowing in the pipeline without incident. The supremacy clause of the United States Constitution takes precedence. The federal Government trumped the state’s Commission “cease and desist” order and it trumps the preliminary injunction order. Based upon these events, the trial court should vacate the preliminary injunction, dismiss the matter as moot, and nullify the civil penalties.”

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I’m linking an interesting Bojan Pancevski piece in the Times that is a sequel to his WSJ account of the Nord Stream sabotage.

“A civilian diving instructor, she was the sole woman on the team—and perhaps the reason that one of the greatest acts of sabotage in modern history was carried out successfully, according to individuals involved in its planning and German police who investigated it.”

Times illustration

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Meanwhile, the California Coastal Commission notified Sable Offshore that it intends to issue a cease and desist order aimed at shutting down crude oil extraction in the Santa Barbara Channel.

Sable responds: “Sable Offshore Corp. (“Sable”) through its subsidiary, Pacific Pipeline Company (“PPC”), continues to lawfully operate through its existing coastal development permits which were issued in 1986.”

California cage fight! Who ya’ got?

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