When the Santa Barbara County Board of Supervisors deadlocked in a 2-2 vote on February 25 on whether to approve the transfer of permits to operate oil pipelines and offshore platforms from ExxonMobil to Sable Offshore, the room seemed to be all smiles. County Counsel Rachel Van Mullem called the decision a “nonaction,” and environmental groups chalked that up to something of a victory.
But Sable’s executives walked out with smiles, too, soon issuing statements that they were looking forward to finalizing the permit transfer. Everyone’s smiles quickly turned to raised eyebrows as both sides looked to the county to declare a final winner.
Simply put, they’re still deciding.
The Planning Commission already voted 3-1 to approve the transfer of permits to Sable in October, but appeals from two environmental groups bumped the decision up to the Board of Supervisors. The appellants argued that Sable does not have the financial resources to effectively respond to a potential oil spill, especially when dealing with the corrosion-prone pipeline involved in the 2015 Refugio Oil Spill.
After a seven-hour hearing, the supervisors voted 2-2 on whether to uphold the appeals, then 2-2 on whether to deny the appeals. Supervisor Capps and Supervisor Lee voted to uphold the appeals and deny the permit transfer. Supervisor Nelson and Supervisor Lavagnino voted to deny the appeals and grant the permit transfer. Supervisor Joan Hartmann recused herself due to the pipeline running through her Buellton property.
“The Board’s 2-2 vote means the company’s application was not approved and the transfer of permits will not happen,” said a press release issued by the Environmental Defense Center, one of the appellants, shortly after Tuesday’s hearing. Brady Bradshaw of the Center for Biological Diversity, the other appellant, said he was “really relieved the county decided against approving the transfer of permits.”
However, Sable’s vice president of governmental and regulatory affairs, Steve Rusch, said he was “pleased … the Planning Commission’s approval of the Santa Ynez Unit permit transfer to Sable stands.”
After victory cries rang from both sides, Kelsey Buttitta, a spokesperson for the county, told the Independent on Wednesday morning that the “application [was] still pending” after the “nonaction” vote — “not approved,” like the Planning Commission had done, and “not denied.”
“It is Sable’s position that the ‘no action’ means the appeal did not pass and therefore the Planning Commission’s decision stands,” said Alice Walton, a spokesperson for Sable. “We expect the County to immediately transfer to Sable each of the permits.”
Does the Planning Commission’s original approval still stand? To that, Buttitta answered Thursday, “We have not in recent memory had a tie vote under this section, so we are looking into what happens next.”
