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December 11, 2003
Contact: Linda Krop: (805) 963-1622
COURT ORDERS FEDERAL GOVERNMENT
TO COMPLY WITH JUDGMENT DIRECTING STATE REVIEW OF OFFSHORE OIL
LEASES
On December 9, 2003, Judge Claudia Wilken of the United States
District Court (Northern District of California) issued an order
denying the federal government's motion to dismiss. Instead, the
judge directed the United States Department of Interior and Minerals
Management Service ("MMS") to comply with the previous
judgment requiring State review of oil and gas leases located
offshore Santa Barbara, Ventura and San Luis Obispo Counties.
In November, 1999 the MMS extended 36 oil leases off the Central
Coast of California. The State of California, along with ten environmental
groups and the Counties of Santa Barbara and San Luis Obispo,
filed suit challenging the lease extensions on the grounds that
they required review for consistency with California's coastal
management program. In June, 2001, the federal district court
ruled in plaintiffs' favor, directing MMS to conduct environmental
review and submit the lease extensions to the California Coastal
Commission. The federal defendants and oil companies appealed,
and in December, 2002, the Ninth Circuit Court of Appeals upheld
the decision of the lower court. The federal defendants chose
not to petition the U.S. Supreme Court for review. However, instead
of complying with the court's orders, earlier this year they asked
the district court to dismiss the case. The environmental groups,
represented locally by Linda Krop, Chief Counsel of the Environmental
Defense Center, objected to the requested dismissal because MMS
still has not allowed State review of the leases.
On December 9, 2003 the federal district court agreed with EDC
and the State, pointing out that the case cannot be dismissed
until MMS fully complies with applicable environmental laws, including
State review of the leases. The court therefore gave MMS 30 days
to submit a schedule for compliance.
"The court's ruling is critical given the federal government's
continued refusal to comply with any environmental laws, including
those requiring State coastal review," remarked Krop. "State
review provides the only mechanism to ensure a meaningful public
process and protection of sensitive coastal resources, recreation
and tourism. In addition, State rejection of the oil leases may
lead to their termination, without threats of development or public
buyout. It is in the best interest of the State and our local
communities to start this important process now, without any further
delay."
Once the leases are submitted to the California Coastal Commission
for review, the Commission must hold a public hearing and make
a determination on the leases within 60 days. The leases in question
could double all historic oil production off our coast, posing
increased risks of oil spills, air and water pollution, and toxic
gas releases. EDC and its clients (Sierra Club, Get Oil Out!,
CALPIRG, Friends of the Sea Otter, California CoastKeeper, Santa
Barbara ChannelKeeper, Santa Monica BayKeeper, and Citizens Planning
Association) believe that many other alternatives exist to meet
our energy demand. The oil in question would be used partly for
asphalt and would provide, at most, 1-2 months of energy supply
for the nation.
Since 1977, EDC has been serving California's Central Coast as
the only nonprofit, public interest environmental law firm between
Los Angeles and San Francisco. EDC provides legal, educational
and advocacy support to community and environmental groups on
environmental issues such as protecting water quality, preserving
precious open spaces, saving species from extinction and guarding
public health. EDC has represented community groups opposed to
offshore oil development for over two decades and has successfully
defeated such proposals as the Tranquillon Ridge project and the
Mobil Clearview project. EDC also helped draft and pass the California
Coastal Sanctuary Act of 1994, which banned further oil leasing
in State waters.
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