ELR Citation: ELR 21320
No(s). C 663 010 (Cal. Super. Ct. Los Angeles County Jan 24, 1991)

The court holds the California State Lands Commission's denial under the public trust doctrine of an oil company's proposal to build new platforms on an existing offshore oil lease is valid if the proposal presents unacceptable environmental risks. The Commission alleges that even small amounts of pollution from the operation would contaminate the pristine seawater used by the University of California's marine research center in Santa Barbara, and would endanger a wildlife and marine life reserve. The court first holds that a federal court of appeals decision does not apply to this case because there is no federal public trust doctrine in California. Offshore oil and gas development in California waters is subject to the California public trust doctrine. Further, unlike the federal case, the Commission has not approved the project and the oil company is not justified in relying on statements by the Commission's staff that the project was likely to be approved. The court notes that under the California public trust doctrine, all public lands are forever held in the public use until actually used. Thus, California offshore tidelands are always subject to the doctrine until developed. The court holds that existing environmental impact reports are not adequate for the Commission to approve the location of the platforms. Those reports dealt with exploratory issues and did not envision the specific environmental concerns raised by the platforms. The court rejects the argument that the state must determine all limitations on an oil lease at the time of the leasing. Offshore oil development is a multi-stage process with a tiered environmental review process. The decision to lease does not mean that the state has lost its authority to review specific exploration and development activities. Finally, the court holds that the Commission is not estopped from denying the platform proposal.

John K. Van de Kamp, Attorney General
N. Gregory Taylor, Ass't Attorney General
3580 Wilshire Blvd., Ste. 800
Los Angeles CA 90010
(213) 736-2607

Counsel for Plaintiff
Edward S. Renwick, Ivan J. Tether
Hanna & Morton
600 Wilshire Blvd., 17th Fl., Los Angeles CA 90017
(213) 628-7131

Joseph L. Sax, Eric Behrens
University of California
590 University Hall, Berkeley CA 94720
(415) 642-5001

Counsel for the Defendant
Richard M. Frank, Deputy Attorney General
1515 K St., Ste. 511, P.O. Box 944255, Sacramento CA 94244-2550
(916) 485-9555