Feeds:
Posts
Comments

Posts Tagged ‘law suit’

John Smith forwarded Sable’s court filing (attached) and highlighted important text.

The Coastal Commission has asserted that anomaly repair work on Sable’s onshore pipeline, which was required by the California Fire Marshall and approved by Santa Barbara County, constitutes a violation of the Coastal Act.

Santa Barbara County had confirmed in writing that Sable’s repair work is authorized by the pipeline’s existing coastal development permits and, consistent with the County’s past practices, no new or separate Coastal Act authorization is required.

John and I believe Sable has a strong case, but you can be the judge. For the Commission and County to have such divergent opinions is rather surprising.

Among other assertions, Sable argues (par. 115) that the Coastal Commission violated the takings clause of the Fifth Amendment to the U.S. Constitution, as incorporated by the Fourteenth Amendment, which prohibits the temporary or permanent taking of private property for public use without prior, just compensation. This could lead to significant liability costs for the State.

Much more on Sable’s Santa Ynez Unit challenges.

Read Full Post »

As promised, Ocean City, Maryland, neighboring towns, counties, fishing groups, the Save Right Whales Coalition, and a long list of commercial entities have sued BOEM for approving the Construction and Operations Plan (COP) for the Maryland Offshore Wind project. The complete filing is attached.

The plaintiffs’ discussion of BOEM’s failure to consider true alternatives (begins on p. 43) is particularly interesting. They contend that “BOEM rejected out-of-hand all true alternatives, and selected alternatives with only minor differences in number of turbines and the route for the power cables from the proposed action.

The plaintiffs also assert (p. 44) that “BOEM flatly rejected the option of not authorizing the Maryland Offshore Wind Project—as though approval were foreordained, with only the details to be determined.

The plaintiffs’ argue further (p. 46) that BOEM failed to analyze the 3 phases of the project, particularly the third phase which is open-ended at this time.

Blade failure concerns are discussed beginning on p. 49. Excerpt:

Missing from BOEM’s Final EIS is any discussion or analysis of the environmental impacts in the event of blade and turbine failure and the degradation of Project components, which are known and foreseeable possibilities that should have been reviewed and analyzed by BOEM. Risks of blade and turbine failure and component degradation are not hypothetical. Rather, they pose real dangers to the water quality of the ocean, fish and essential fish habitats, marine mammals, benthic resources, and recreational and commercial boaters.”

As previously recommended, wind leasing and plan approvals should be paused until BSEE’s investigation of the Vineyard Wind blade failure and the associated environmental damage study have been completed.

There is much more in this filing for those who want to take a closer look.

Read Full Post »

Per a related post, the full SpaceX lawsuit is attached. It’s mostly exhibits, so don’t be intimidated by the length.

This excerpt summarizes the case nicely:

“Rarely has a government agency made so clear that it was exceeding its authorized mandate to punish a company for the political views and statements of its largest shareholder and CEO. Second, the Commission is trying to unlawfully regulate space launch programs—which are critical to national security and other national policy objectives—at Vandenberg Space Force Base (the Base), a federal enclave and the world’s second busiest spaceport.”

Even Gov. Newsome sides with SpaceX saying “I’m with Elon.”

Will this case teach the Commission some humility? Probably not, but we shall see.

Read Full Post »

Followers of the US OCS oil and gas program have observed some impressive chutzpah over the years, but a new law suit challenging the extension of Santa Ynez Unit leases raises the bar.

Groups that helped block every attempt to resume production in the Santa Ynez Unit are now suing to terminate the leases for non-production. Brilliant!🥇

Without these extensions, each of the leases would have expired and ExxonMobil would have been required to permanently cease its oil and gas operations, plug its wells, and decommission its other infrastructure.” See the full text of the law suit.

More posts on the Santa Ynez Unit saga.

Read Full Post »

Pictured: pig for cleaning gas pipelines. Will Nord Stream’s suit against the insurers unplug investigation findings?

Nord Stream AG has sued insurers Lloyds and Arch in the English High Court for failing to pay for pipeline damage incurred during the Sept. 2022 Baltic Sea explosions. The estimated pipeline repair costs range from €1.2 to €1.35 billion, and Nord Stream is seeking €400 million from the insurers.

Could this litigation help us learn more about the findings of the official Nord Stream investigations? After 17 months of investigation, Denmark recently concluded that “there are not sufficient grounds to pursue a criminal case in Denmark.” Only nineteen days before Sweden had announced that “Swedish jurisdiction does not apply and that the investigation therefore should be closed.” These weak announcements at the end of lengthy investigations seem too convenient, and may lend credence to Hersh’s Nord Stream account or a recent variation that implicates the UK. Germany is presumably still investigating, and it remains to be seen whether they will release findings.

Could the parties in the Nord Stream case pursue documents or testimony from the Swedish, Danish, or German investigation teams? Both sides in this case, Nord Stream AG and the insurers, would benefit from details that could help identify the responsible parties.

It’s more than a little hypocritical for Western governments and their NGO partners to rail against offshore oil and gas operations while quietly accepting (without investigation) the economic and environmental consequences of the Nord Stream sabotage. Compare the Nord Stream methane emissions with those associated with Gulf of Mexico operations.

Read Full Post »

The law suit makes reference to the aging offshore facilities and the Huntington Beach pipeline spill:

Oil companies have been drilling off California for more than 50 years. The first platforms were installed in 1968 and production continues today. Much of this infrastructure has outlived its expected lifespan and is well beyond the age scientists say significantly increase the risk of oil spills.

Indeed, just months ago a pipeline connected to a platform in federal waters off Huntington Beach ruptured and spilled tens of thousands of gallons of oil into the marine environment. The spill fouled sensitive marine, beach, and wetland habitat; forced closure of fisheries; and harmed and killed birds, fish, plants, invertebrates, and marine mammals.

CBD law suit

Read Full Post »