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News

Civil Litigation,
Environmental & Energy

Nov. 3, 2021

Group claims intent to sue US over oil drilling

In a notice of intent letter sent to the Bureau of Ocean Energy Management on Tuesday, the Center for Biological Diversity said the agency failed to review and order revisions to existing drilling plans during a recent oil spill.

Following an oil spill that fouled the Orange County coastline last month, an environmental group said it would sue the federal government for allowing offshore oil platforms to operate under drilling plans that were drafted more than 30 years ago.

In a notice of intent letter sent to the Bureau of Ocean Energy Management on Tuesday, the Center for Biological Diversity said the agency failed to review and order revisions to existing drilling plans during the recent spill caused by a ruptured pipeline operated by Beta Offshore and owned by Amplify Energy Corp. The letter alleges violations of the Outer Continental Shelf Lands Act, 43 U.S.C. 1331.

"Offshore oil and gas drilling is inherently dirty and dangerous, as the recent spill from a pipeline connected to Platform Elly highlights all too well. It causes oil spills that kill a wide variety of wildlife, toxic air pollution that harms front line communities, habitat destruction and greenhouse gas pollution that exacerbates the climate crisis, among many other problems," wrote Kristin Monsell, legal director at the Center for Biological Diversity. "And while all offshore oil and gas drilling is treacherous, the age of the infrastructure off California -- some of which has been littering the Pacific Ocean for over half a century -- heightens the numerous inherent risks. As such, BOEM must immediately begin phasing out this treacherous activity on the Pacific Outer Continental Shelf and all other regions."

The center's letter, which is a prerequisite to the filing of a lawsuit, states that the bureau has a duty to review and revise drilling plans whenever there are revisions to the Outer continental shelf Lands Act.

Tyler A. Cherry, press secretary for the U.S. Department of Interior, declined to comment on the notice.

On Oct. 2, Beta Offshore reported to the National Response Center that its pipeline from the Elly Platform experienced a spill. Federal officials estimated that 25,000 gallons of crude oil spilled into the ocean. The federal officials said they believe the was caused by the dragging anchor of a cargo ship.

Amplify Energy, which faces more than a dozen class actions in federal court from commercial mariners, fishers and retailers, has denied any wrongdoing.

There are 23 platforms in Southern California from which drilling occurs at 14 oil and gas fields. Oil companies built the platforms between 1967 and 1989. Citing a study by the Bureau of Safety and Environmental Enforcement, the Center for Biological Diversity argues that while some of the platforms are operating on expired leases that cannot be renewed and will be decommissioned in the future, the platforms from the Beta unit -- Elly, Eureka and Edith -- are not among them.

Last month, the Center threatened to sue the federal government if it did not halt approval of new drilling permits while it reexamines the oil industry's threat to endangered species and habitats under the Endangered Species Act.

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Gina Kim

Daily Journal Staff Writer
gina_kim@dailyjournal.com

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