As a result, on Sept. 29 Sable Offshore filed a declaratory judgement action against the State of California in Kern County. Sable is asking the court to confirm that the objectionable permitting provisions of SB 237 do not apply to their Las Flores Pipeline System.
Also, on Oct. 6 Sable filed a motion increasing the monetary damages in its ongoing case against the California Coastal Commission to $347 million. Sable asserts that their pipeline repair program was authorized by existing permits issued by the County of Santa Barbara under its Local Coastal Program and delegated Coastal Act authority.
These seem like good tactical moves on the part of Sable.
California Senate Bill 237, the compromise oil legislation supported by Gov. Newsom, Assembly Speaker Rivas, and Senate President McGuire, opens up Kern Co. drilling in exchange for pipeline safety measures that will doom the Santa Ynez Unit (SYU) if Sable fails to restart production by Jan. 1.
Particularly intriguing is the the list (below) of SB 237 supporters and opponents. The Western States Petroleum Assoc. (WSPA), is aligned with the unions for onshore drilling and against the SYU. Note that Exxon is a prominent WSPA members! Exxon assigned the SYU to Sable and is on the hook for massive decommissioning costs if production is not resumed. Perhaps Exxon has a backup plan for the SYU?
Also note that all of the environmental groups are aligned against SB 237. Compromise is not in their playbook.
John Smith’s highlighted summary of SB 237 is attached. Here is the provision that would seem to doom Sable:
Clarifies in the Coastal Act that development associated with the repair, reactivation, or maintenance of an oil pipeline that has been idled, inactive, or out of service for five years or more requires a new CDP, as provided.
REGISTERED SUPPORT / OPPOSITION: Support Associated Builders and Contractors of California Berry Petroleum Company, LLC California Conference of Carpenters California Independent Petroleum Association California Resources Corporation and Subsidiaries California state Pipe Trades Council California State Association of Electrical Workers City of Bakersfield Consumer Watchdog County of Kern State Building & Construction Trades Council of California Western States Petroleum Association
Opposition Asian Pacific Environmental Network Action California Environmental Justice Alliance Action California Environmental Voters Campaign for a Safe and Healthy California
Center for Biological Diversity Center on Race, Poverty & the Environment Central California Environmental Justice Network Clean Water Action Climate First: Replacing Oil & Gas Communities for a Better Environment Earthjustice Leadership Council for Justice and Accountability Physicians for Social Responsibility Los Angeles