Per EIA, Gulf of America oil production declined in May by over 200,000 bopd from April’s record production, which was corrected upward by 2000 bopd. Was the April number anomalous? We’ll need additional monthly data and the audited ONRR numbers to get a better read.
EIA posted corrected April and May totals of 30,000 bopd for the Pacific (California OCS), a 150% increase from February owing to the Sable Santa Ynez Unit restart. Although Pacific OCS production has been in the doldrums for years, the region has an impressive record of 202,000 bopd from Dec 1995.
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!
The National Defense Authorization Act (NDAA), as passed by the House this week, includes an amendment (attached) authorizing the Federal govt to acquire all lands along the Santa Ynez Pipeline System route. Wesley Hunt (TX), who introduced the amendment, comments in the short video below. The Senate has yet to approve the bill.
Assuming Sable’s attorneys are able to continue navigating through the legal minefield, the success of the project will depend on the performance of Sable’s well operations and production teams, and the extent to which they have the authority and confidence to curtail operations when deemed necessary to protect workers and the environment. In that regard, MMA engineers and inspectors have an important role in identifying risks and assuring that they are mitigated.
Excerpt from the amendment:
SEC. 28ll. ACQUISITION OF EASEMENTS FOR DEFENSE FUEL SUPPLY INFRASTRUCTURE. (a) AUTHORITY TO ACQUIRE.—The Secretary of Defense is authorized to acquire, by purchase, donation, exchange, or condemnation, on behalf of the United States, such permanent easements over all lands along the route of the Santa Ynez Pipeline System, including all lands owned or otherwise held by the State of California or any agency, department, or instrumentality thereof, as the Secretary of Defense determines necessary to ensure continuous pipeline transportation of crude oil from the Santa Ynez Unit to domestic refineries supplying Department of Defense installations in the State of California
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!
Per the preliminary EIA data for April, Gulf of America OCS facilities produced an average of 2.107 million bopd in April. This surpasses the previous record of 2.060 million bopd set in January.
Meanwhile, the Sable bump is now evident in the EIA’s Pacific OCS production data with a ~50% March-April increase from January-February. A bigger increase should be apparent when the May numbers are posted. How will Sable fare in the upcoming court battles?
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.
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.”
DOT and others shouldn’t make statements they can’t back up (see the X post below).
As a supporter of responsible offshore oil and gas operations, I find statements like this to be irresponsible and embarrassing. Sable Offshore is not using newer or safer drilling technology than is used in many other areas.
The Sable Offshore Project is using new technology to drill oil that is more safe and environmentally friendly than anywhere in the WORLD@PHMSA_DOT is proud to be a part of this and making America ENERGY DOMINANT 💪 https://t.co/q3ztD1G0R4
— U.S. Department of Transportation (@USDOT) June 10, 2026
Those who have been following the Santa Ynez Unit saga should take a look at Sable’s informative PowerPoint update (attached). The presentation includes reserve data, well operation plans, production forecasts, financial and legal updates, and regional energy supply information.
Also, Sable CEO Jim Flores has announced that Energy Secretary Wright and Interior Secretary Burgum will be visiting the project this week. Transportation Secretary Duffy was also expected, but he will not be attending.
