It’s an amendment tucked into the new National Defense Authorization Act, which is about Santa Barbara County.
Its wording attempts to ensure a controversial oil pipeline in the county will continue to operate, despite local and state opposition.
On Wednesday, the House of Representatives passed a $1.15 trillion defense spending plan by a narrow 216-to-212 vote. Included in the fine print was Amendment 119-13. It authorizes the Secretary of Defense to use eminent domain laws to take California state property needed to keep Sable Offshore Corporation’s Santa Ynez Pipeline System operating. It cites national defense as the reason.
Some of that land is in Gaviota State Park.
Democratic Rep. Salud Carbajal of Santa Barbara, who voted against the spending plan with the amendment, talked to KCLU News minutes after Wednesday's House vote.
"It included the Hunt Amendment, which uses eminent domain to acquire land in California," said Carbajal. "It would basically do eminent domain for the state parks easements, and all the state land where this pipeline traverses."
The amendment was introduced by Republican Congressman Westley Hunt of Texas. Carbajal says the action was clearly on behalf of the Trump Administration.
"My colleagues on the other side of the aisle always talk about states' rights," said Carbajal. "But I've learned that it's only when it's convenient they decide they are for states' rights. The individuals who promoted this amendment are from out of state. They're from Texas, where Sable is headquartered."
It’s the latest move in the battle over the restart of the oil pipeline system that ruptured on the Gaviota Coast in 2015, causing a 140,000-gallon oil spill. The environmental community, some government agencies, and some members of the public are worried the restart could lead to another oil spill.
After Sable failed to get permits from Santa Barbara County and the state to repair and reopen the pipeline, it turned to the federal government for help.
The Trump administration invoked the Defense Production Act, a 1950s law that allows the federal government to bypass local and state regulations to produce essential material during a national emergency. The company restarted the pipeline in March. Wells on two of its three oil platforms on the Santa Barbara County coast are now producing oil again.
"It (the law) was put in place for real emergencies in wartime. Legitimate war," said Carbajal. "He (President Trump) started all these shenanigans before that war. He telegraphed his interest to help and grease the skids for oil interests that are his buddies."
The state claims Sable is trespassing by moving oil without permits through Gaviota State Park and some state-controlled offshore waters. It’s suing over the pipeline’s restart.
Those involved in the battle against the pipeline say Sable is apparently trying everything it can to keep the oil flowing.
"I'm not that surprised. They started operating in violation of various state laws, they're subject to a lot of litigation, and now they're trying to go the congressional route," said Linda Krop, Chief Counsel with the Santa Barbara-based Environmental Defense Center. "There are still questions if it's even legal."
The EDC is involved in multiple lawsuits against the restart effort.
"There's just a lot of litigation. We've had some good preliminary rulings. We're involved in litigation with the federal government, with Sable. The California Attorney General is on our side. They're probably about a dozen cases right now involving Sable," said Krop.
"I think it's part and parcel of what this administration has been doing," said Rachel Rilee, an Oceans Policy Specialist with the Center for Biological Diversity.
"We've seen the same sort of playbook in the Gulf of Mexico. Their worry is they can't pass environmental assessment muster. They're just going to call it a threat to national security, and bypass all of the state, environmental, and legal requirements."
Krop added that despite all the technicalities, the issue is simple. She said Sable’s insists the pipeline system has been repaired and upgraded. But, she asserts the decades-old infrastructure is a potential disaster in the making.
"The State Fire Marshal told Sable they could not restart it because it's not safe," said Krop. "They don't have a permit from the (California) Coastal Commission. They aren't authorized to operate with Gaviota State Park. The pipeline is corroded. None of this is speculative, none of this hypothetical. We're going to do everything we can to protect the coast, and shut down the pipeline."
The federal defense spending bill passed by the House with the eminent domain amendment for Sable now goes to the Senate for consideration.
With a Republican-controlled Senate, it could potentially be difficult to get the amendment weeded out of the spending package.
