In response to the Trump administration’s efforts to pursue offshore oil drilling off the coast of California, Clinic students Katherine Worden and C.J. Biggs drafted a model ordinance and a legal analysis for coastal communities seeking to avoid the health and safety impacts from increased offshore oil operations. Last week, the Marin County Board of Supervisors unanimously passed an adapted version of the ordinance.

Federal Efforts to Expand Oil Exploration

For nearly 30 years, Congress has passed annual moratoriums banning offshore oil drilling in most of the nation’s waters. Trump sought to change all that in 2018, when he announced that he intended to open up almost all coastal areas to offshore oil drilling, including off the coast of California. The administration’s plan, which would threaten vibrant marine ecosystems and coastlines with catastrophic oil spills and toxic pollution, was met with pushback from coastal states around the nation and faced setback in the courts. While the controversial plan has been abandoned – for now – California’s coastal communities are preparing for future rollbacks. Indeed, just last month, the Trump administration announced plans to open the Arctic National Wildlife Refuge for oil and gas development, signaling that the administration will continue prioritizing unsustainable energy expansion.

State and Local Responses to Offshore Oil Expansion

California banned new offshore drilling in its state waters many years ago. In 2018, California went one step further by banning new infrastructure that supports federal offshore drilling anywhere in state waters. But, state waters extend only three miles offshore, and California has no jurisdiction to ban offshore oil drilling or infrastructure in the federal waters beyond.

Coastal communities are vulnerable to oil spills and other pollution hazards caused by offshore oil being transported via existing pipelines or other methods into their coastal waters. In addition, onshore support facilities, such as transportation, storage, processing, and waste disposal facilities, can have numerous adverse effects on local health, safety, and welfare.

The model ordinance drafted by Environmental Law Clinic students is intended to be a blueprint for coastal counties and cities seeking to control the development of onshore facilities that are associated with offshore oil and gas drilling. Cities and counties can exercise their police powers to enact ordinances that curb development of onshore facilities within their jurisdiction, and by extension, limit the effects within their community from offshore oil expansion. The model ordinance also gives local voters a stronger voice in protecting their health and safety by requiring voter approval before any legislative changes that would allow new onshore support facilities.

Several other jurisdictions are also considering adopting the model ordinance or using its language to update their Local Coastal Programs to limit the local impact of any future offshore oil expansion.