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SAN FRANCISCO, CA—A group of environmental organizations is opposing a highly unusual Trump administration order that a Texas oil company is using to operate in violation of state law on the Central Coast of California.
An amicus brief filed in the Ninth Circuit Court of Appeals by the Environmental Defense Center (EDC), the Center for Biological Diversity, Earthjustice, and the groups’ nonprofit clients supports the State of California’s lawsuit challenging the order. Members of Congress, experts, business leaders, and 20 other states also filed amicus briefs supporting California’s lawsuit.
In March, U.S. Energy Secretary Chris Wright issued the order under the Defense Production Act (DPA) directing Sable Offshore Corp. to prioritize contracts or orders for transportation of oil from the Santa Ynez Unit offshore Santa Barbara, allegedly in the interest of national defense. The Secretary’s order, however, failed to identify any existing contracts or orders for services, or any national defense need for Sable’s oil. The order was issued despite court injunctions preventing the restart of the company’s defective pipeline, and despite Sable’s failure to secure basic approvals required to operate under state law. The United States also takes the extraordinary position that the Secretary’s action is immune from judicial review.
“We’re facing an unprecedented situation where the federal government is brazenly undermining laws, court orders, and even state property rights for the benefit of one oil company,” said Maggie Hall, EDC Deputy Chief Counsel. “If Secretary Wright’s order stands, federal officials could override the law in any state to benefit oil drillers, data centers, mining interests, or any other company if they claim to be acting for national security reasons. Here on the Central Coast, allowing Sable to operate a failed oil pipeline outside of state laws and judicial oversight puts our entire region at risk of another disaster.”
The state’s lawsuit seeks to have the Trump administration order declared unlawful, which would prevent Sable from relying on the order to operate its facilities on California’s Gaviota Coast, including three aging offshore platforms, onshore processing facilities, and the same pipeline that failed in 2015 due to severe corrosion, causing one of the worst oil spills in state history at Refugio State Beach.
The groups’ brief points out that the DPA gives the Executive Branch narrow authority to “require that businesses reprioritize contractual arrangements or reallocate services or resources from their ordinary uses” in the event of a national security emergency. Nowhere does the DPA empower the government to unilaterally exempt a business like Sable from complying with laws or court orders that get in its way. The brief also highlights the sweeping implications of the Trump administration’s contrary view and rebuts its claims that its order is unreviewable.
Prior to Secretary Wright’s order, Sable’s project appeared to be stalled. A lawsuit filed by EDC and the Center for Biological Diversity resulted in an injunction preventing restart of the pipeline. The company had racked up felony criminal charges and civil enforcement actions, and it was facing fierce opposition across the state. Critically, it did not have key approvals from state agencies, including an easement to operate the pipeline through Gaviota State Park.
Following the order, Sable immediately started pumping oil through the pipeline, disregarding the injunction, the state’s property rights, and other environmental and safety laws and requirements.
EDC is representing Get Oil Out!, Santa Barbara County Action Network, Sierra Club, and Santa Barbara Channelkeeper in this case. The Center for Biological Diversity is representing the Wishtoyo Foundation. Earthjustice is also representing EDC and the Center for Biological Diversity.
The Environmental Defense Center defends nature and advances environmental justice on California’s Central Coast through advocacy and legal action. Since 1977, EDC has represented more than 140 nonprofit, community-based organizations to protect the Central Coast and the Earth’s climate.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.8 million members and online activists dedicated to the protection of endangered species and wild places.
Earthjustice is the nation’s largest environmental law organization. It wields the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change.
