August 21, 2003

Contact: Linda Krop, EDC: (805) 963-1622

ENVIRONMENTAL GROUPS OPPOSE CHANGES TO COASTAL MANAGEMENT RULES

Bush Administration Attempting to Facilitate Oil and Gas Development and Exclude Public From Decisions

CALIFORNIA - Twelve environmental groups sent a letter today to the federal government in strong opposition to new rules proposed by the Bush Administration that would weaken existing environmental protection policies and severely undermine the ability of coastal states to effectively manage their coastlines. Despite the administration's claims that the changes are intended to provide clarification and predictability, the real effect of the changes would be to facilitate new offshore oil and gas development and reduce public and state involvement in decisions that affect the coast.

The letter was submitted in response to the Proposed Rulemaking amending the Coastal Zone Management Consistency Regulations, proposed on June 11, 2003. These regulations, part of the Coastal Zone Management Act (CZMA), govern how the federal government interacts with the state in making decisions on federal projects that may affect coastal areas. The Environmental Defense Center (EDC) sent the letter on behalf of Friends of the Sea Otter, Environment California (formerly CALPIRG), California CoastKeeper, Sierra Club Los Padres Chapter, Defenders of Wildlife, Get Oil Out!, League for Coastal Protection, California Coastal Protection Network, Santa Barbara ChannelKeeper, Citizens Planning Association of Santa Barbara County, and Santa Monica BayKeeper. EDC was co-counsel for the Environmental Intervenors in State of California v. Norton. EDC developed the legal strategy in the Norton case, which upheld the right of coastal states, such as California, to have a say in federal offshore oil and gas development.

Despite bogus claims by the Bush Administration, the existing CZMA regulations have demonstrated their effectiveness in maximizing coordination between states, federal agencies, and federal applicants. The federal government has not demonstrated that there is any need to change the CZMA consistency regulations, which were updated less than three years ago through a thorough five-year process that involved all stakeholders and resulted in a balance among the competing uses of the nation's coastal resources. Not only do the proposed rules conflict with the requirements of the CZMA, but they also violate the ruling of the 9th Circuit Court of Appeals in the State of California v. Norton Case, which granted states the right to review federal actions that affect coastal resources. The public stands to lose the most as a result of the Administration's proposal, as it would undermine the public's right to participate in decisions that affect the coast.

"This is clearly another attempt by the Bush Administration to roll back environmental laws and favor corporations over people," said Linda Krop, Chief Counsel and Executive Director of the Environmental Defense Center. "The federal government should heed the court's decision to allow Californians a say in what happens to their coastline, rather than try to get around the law through this back-door approach."

There is no evidence that consultation with the state required by the CZMA has resulted in any unnecessary delays for the Federal administration or any federal applicants, including the oil industry. To the contrary, the State consistency review process has afforded much-needed coastal and public review and led to improved projects and actions. The only major delays have occurred when Federal agencies denied States their right of review and the matter was diverted to litigation, such as with the Norton case.

"Rather than shove new oil and gas exploration, leasing and development down our throats, the federal government should be working with states and local communities to protect our coasts. Our nation should divert its reliance from dangerous and toxic sources of energy to cleaner, more stable and renewable sources," said Krop.

EDC is the only nonprofit environmental law firm between Los Angeles and San Francisco. Since 1977, EDC has been working with community groups on environmental issues such as protecting water quality, preserving precious open spaces, saving species from extinction and guarding public health. To learn more about EDC, visit www.edcnet.org.

For more information, or for a copy of EDC's complete comments on the Bush proposal, please contact Linda Krop, Chief Counsel and Executive Director of the Environmental Defense Center at (805) 963-1622 or lkrop@edcnet.org.

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