ELR Citation: ELR 20927
No(s). 88-6608 (9th Cir. Jun 11, 1990)

The court holds that challenges by two oil industry associations to the constitutionality of land use ordinances passed by various coastal cities and counties in California are not ripe. The ordinances regulate the onshore facilities used to support offshore and outer continental shelf (OCS) oil and gas development. The associations allege that the ordinances violate the federal policies underlying the Outer Continental Shelf Lands Act by restricting expeditious and orderly development of the OCS. The court holds that the recent moratorium on offshore drilling along certain areas of the California coast does not moot the case. However, the court holds that the case is not ripe because it is not clear whether any of the leases remaining off the California coast will ever be offered for sale and the oil companies have not demonstrated that the ordinances will interfere with their bidding rights for OCS leases.

Counsel for Plaintiffs-Appellants
Philip K. Verleger
McCutchen, Black, Verleger & Shea
600 Wilshire Blvd., Los Angeles CA 90017
(213) 624-2400

Counsel for Defendants-Appellees
Roger Beers
380 Hayes St., Ste. 1, Civic Center, San Francisco CA 94102
(415) 861-1401

Counsel for Defendants-Intervenors-Appellees
Johanna H. Wald
Natural Resources Defense Council
25 Kearny St., San Francisco CA 94108
(415) 421-6561

Before Reinhardt and Trott, JJ.