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Posts Tagged ‘Gaviota State Park’

On Monday, Sable got a boost from Judge Wilson, U.S. District Court for the Central District of California. Judge Wilson denied a request by the California Department of Parks and Recreation (and other State agencies) to enjoin Sable Offshore from restarting or continuing the operation of oil pipeline segments withing Gaviota State Park.

Sable got another boost from Chevron, which agreed to buy 20,000 bopd from Sable for its El Segundo refinery.

Not to be denied, the California Attorney General filed the attached lawsuit in the U.S. District Court for the Northern District of California. The AG argues that US Energy Secretary Chris Wright has no authority under the Defense Production Act (DPA) to excuse Sable from compliance with state and federal laws and court orders. The lawsuit alleges that the DPA Order violates the Administrative Procedure Act and infringes on California’s sovereign power under the Tenth Amendment.

The suit also alleges that the Order violates the constitutional Separation of Powers by purporting to override not only state law and a preliminary injunction issued by the Santa Barbara Superior Court, but also a judicial Consent Decree approved by the U.S. District Court for the Central District of California that expressly acknowledged and approved the State’s role in reviewing and approving any planned restart of the onshore pipelines.

The AG asks the Court (p. 33) to issue a judicial declaration that the Wright Order is unconstitutional and/or unlawful because it violates the APA and the U.S. Constitution.

Read the Court filing for full details, and stay tuned. No doubt there will be more swings in momentum going forward.

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John Smith reports that Sable has cleared another significant hurdle in its attempt to restart production in the Santa Ynez Unit. The California DEPARTMENT OF PARKS AND RECREATION has determined that no permit is required for the pipeline anomaly digs in Gaviota State Park (see attached).

The reasons for the exemption are that the project consists of repairs to an existing facility with no expansion of use, and the footprint of the pipeline remains the same.

Maybe the SYU restart is not Mission Impossible after all.

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Senator Schiff and 22 California representatives sent the attached letter to Gov. Newsome urging him to:

  • Require the Fire Marshal to reconsider the state waiver for the pipeline, conduct environmental review, and hold a public hearing;
  • Require a coastal development permit for restart of the pipeline;
  • Require State Parks to conduct environmental review and hold a public hearing prior to deciding whether to approve a new easement for the pipeline through Gaviota State Park.

The good news for Sable: Despite the bluster in the letter’s opening paragraphs, none of the requests to Gov. Newsome are knockout punches. The first two relate to matters that have already been addressed and Sable is in a favorable position. The third, the Gaviota State Park easement renewal, is currently under review and should not be a decisive blow.

The bad news for Sable: Punches will continue to be thrown even after production resumes (should that ever actually happen.)

Much more on Sable

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