FEDERAL OIL LEASE LITIGATION

Since 1999, when the U.S. Minerals Management Service (MMS) decided to extend 36 federal oil and gas leases located offshore Santa Barbara, Ventura and San Luis Obispo Counties, EDC has taken the lead in preventing development of these leases.  These 36 leases were issued between 1968 and 1984, but were never developed.

Santa Barbara County Energy Division Map: 36 undeveloped leases shown in light green

EDC convinced the California Coastal Commission to join us in filing a lawsuit challenging the extensions for failure of MMS to allow the Commission to review the leases under the Coastal Zone Management Act (CZMA) and to conduct environmental review under the National Environmental Policy Act (NEPA).  In the lawsuit, we represented Sierra Club, Friends of the Sea Otter, CALPIRG, California CoastKeeper, Santa Barbara ChannelKeeper, Santa Monica BayKeeper, Get Oil Out and Citizens Planning Association.  Our main concerns were the fact that new offshore oil development would result in oil spills, potential harm to the Channel Islands and Monterey Bay National Marine Sanctuaries, impacts to state and federally listed threatened and endangered species including the southern sea otter and other mammals, birds, turtles, fish and invertebrates, and increased air and water pollution.

We won the lawsuit, as well as the ensuing appeal.  Read the Court of Appeals ruling to learn more.

In August, 2005, we represented the same clients and successfully convinced the Coastal Commission to reject the lease extensions under the CZMA.  Click here to read press release regarding Coastal Commission objection to the leases.  We also won a subsequent lawsuit, challenging MMS’ failure to prepare an Environmental Impact Statement before extending the leases. Click here to read the District Court judgment.  The federal government appealed the district court decision, and the case is pending before the Ninth Circuit Court of Appeals.

The success of our efforts in this case is not only significant in terms of affording protections against the threat of more offshore oil development, but also because we have established an important legal precedent that gives coastal states broad authority to review federal actions that may impact their communities and environments.  This ruling should help California and other coastal states be more effective in preventing harm from major federal actions that threaten their coasts.  In the Fall of 2007, EDC Chief Counsel Linda Krop published a law review article summarizing the case and its implications.