Supervisors split on oil pipeline development permit transfer, resulting in no action | Local News

“An oil spill is one of the most traumatic events that can happen to a community. We all lived through it … so I understand why people have expressed themselves so passionately today,” said 5th District Supervisor Steve Lavagnino.

After 3rd District Supervisor Joan Hartmann recused herself because the pipeline crosses her property, the remaining board members split 2-2 on two attempted actions. In both instances, supervisors Bob Nelson (4th District) and Lavagnino voted in favor of the permit transfer as a matter of business course, while 2nd District Supervisor and Chair Laura Capps and 1st District Supervisor Roy Lee voted against as an environmental matter.

Without a fifth board member to cast a tie-breaking vote, the county effectively took no action, county staff explained.

For the board to take any action, a motion needs a majority vote. A tie vote is considered “no action of the board.”

The request for transfer of permits from one owner to another would not have authorized the restart or continued operations of the facilities that stretch 122 miles from the Gaviota coast through Las Flores Canyon gas plant, on through Santa Ynez Valley, up Cuyama Valley, and ultimately into Kern County. That process requires additional steps.

“I’m not on either side. We have to stand by the law. This pipeline was legally permitted and, as we heard, in any other county this change of ownership would have been a simple checklist signed off by the fire department,” Lavagnino said.

According to the staff report, the system treats crude oil and natural gas from offshore platforms Hondo, Heritage and Harmony in the Santa Barbara Channel.

Under ownership of Plains All American Pipeline, a 2015 oil spill from the system resulted in the release of 142,800 barrels of crude oil immediately north of Refugio State Beach. The spill caused facilities to shut down, the death of hundreds of animals including birds, sea lions and dolphins, countless shellfish and other undersea life and damage to public lands and private property.

Cleanup and lawsuits have cost the company hundreds of millions of dollars, including another legal settlement as recently as November that resulted in $72.5 million to the State Lands Commission. Those funds are designated for the plugging and abandoning of work at Platform Holly.

Staff reported that, in 2022, Pacific Pipeline Company acquired the pipelines and the Board approved the permit transfer. Then in February 2024, Sable acquired SYU, POPCO and Pacific Pipeline and the Planning Commission approved the permit transfer in October 2024.

In November 2024, a coalition of opponents including Center for Biological Diversity, Wishtoyo Foundation, Environmental Defense Center, Get Oil Out! and Santa Barbara County Action Network appealed the decision.

Former Supervisor Mike Stoker, now president and CEO of Santa Barbara County Taxpayer Advocacy Center, led the public comment session Tuesday, urging the board to allow the change of ownership as a simple matter of course.

“Decades ago we approved Exxon. They got vested rights, and they sold the company to Sable, and (Sable) got those vested rights when they bought and purchased this company. And, really, what’s on the table is … not about whether they get to operate or not … (It’s about) change of ownership,” Stoker said.

But opponents like Ted Morton, executive director of Santa Barbara County Channelkeeper, claim Sable has failed to demonstrate the ability to operate a facility safely and with compliance to applicable permit conditions and laws.

“Sable’s recent track records shows anything but the ability to follow the law,” he said.

According to Morton, the Coastal Commission issued a notice of violation on Sable’s unpermitted construction activities, issued a notice of intent Oct. 4 due to the company’s failure to comply with the notice of violation, then issued a cease and desist order on Nov. 12 after Sable “willingly ignored and violated the notices,” Morton said.

More actions followed, he claimed, including: a Nov. 25, U.S. Fish & Wildlife demand that Sable comply with the Endangered Species Act; Dec. 13 Regional Water Quality Control board issuance of two notices for unlawful discharge of waste into California waters and indication of potential future steps on unpermitted, polluted stormwater discharges; Dec. 17 California Department of Fish and Wildlife violation; Jan. 22 water board issuance of second notice of noncompliance with the demands of the Dec. 13 notice; Feb. 11 Coastal Commission notice of violation for unpermitted offshore construction activities; Feb. 16 Coastal Commission notice of violation for continued unpermitted work and failure to comply with its prior notices; and a Coastal Commission cease and desist again on Feb. 18.

“And, unbelievably, Sable has not complied with that order. To date Sable has not complied with agencies’ orders or applied for the necessary permits. Accordingly, the Board (of Supervisors) cannot find that Sable has shown it’s capable of operating the facilities in compliance with applicable laws, regulations and permits. I urge you to deny the transfer of permits today,” Morton said.