U.S. Offshore Oil Development

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U.S. Offshore Oil Development

• Approx. 20 of U.S. production
• Santa Barbara spill
• CZMA
• OCSLA

2
U.S. Offshore Oil Development CZMA

• States develop coastal zone management plan
• Dept. of Commerce approves plan
• States can compel consistency determinations
  for actions directly affecting the coastal zone

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U.S. Offshore Oil Development OCSLA

• DOI prepares leasing program
• Bidding ? lease
• Exploration
• Development and production

4
U.S. Offshore Oil Development
Secretary of the Interior v. California (1984)
Commerce approves CA coastal plan DOI puts CA
leases out to bid CCC requests consistency
determination DOI refused to make
determination WHY?
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U.S. Offshore Oil Development
Secretary of the Interior v. California (1984)
Does leasing directly affect the coastal zone?
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U.S. Offshore Oil Development

• OCSLA
• DOI prepares leasing program
• Bidding ? lease
• Exploration
• Development and production

Only grants preliminary exploration
rights These stages cannot go forward without
prior DOI approval
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U.S. Offshore Oil Development
Secretary of the Interior v. California (1984)
Does leasing directly affect the coastal
zone? If no consistency determination is
required at the leasing stage, does that mean
that states have no input into the leasing
decision?
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U.S. Offshore Oil Development
Secretary of the Interior v. California (1984)
Does leasing directly affect the coastal
zone? If no consistency determination is
required at the leasing stage, does that mean
that states have no input into the leasing
decision? Why do two of the justices disagree
with the majority of the court? Who should
decide what the CZMA language means?
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U.S. Offshore Oil Development NEPA EIS required
for any major federal action significantly
affecting the quality of the human environment

• EA ? 2. Determination of significance
• 2a. FONSI, or 2b. DEIS
• 2c. Comment period
• 2d. FEIS

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U.S. Offshore Oil Development
ESA 1. Prohibits private sector actors
(including energy companies) from taking listed
endangered species. Taking includes
harming Harming includes damage to species
habitat, in addition to harming individual
animals 2. Requires federal agencies to ensure
that actions they undertake or approve wont
jeopardize the continued existence of species
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U.S. Offshore Oil Development
OCSLA CZMA NEPA

• DOI prepares leasing program
• Bidding ? lease
• Exploration
• Development and production

State coastal zone mgt plan Consistency
determinations
Significance determination EIS or FONSI? False
Pass case segmentation
ESA
CEQR (in California)
NPDES
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• Oil Development Moratoria on Drilling
• How did the existing moratoria on OCS drilling
  (off of CA, FL, and parts of NC) come into being?
• What legal challenge did Mobil Oil bring to the
  moratoria in Mobil Oil v. U.S. (2000)? How does
  the Courts decision square with its earlier
  decision Secretary of the Interior v. California?
• What are the legal impediments to drilling in the
  ANWR? Should ANWR be opened for development, in
  your view?