Several Santa Barbara environmental groups sued the State Fire Marshal last week over a waiver issued to Sable in December 2024. The legal action amplified, following a Santa Barbara County Superior Court judge’s denial of a temporary restraining order against maintenance and repair work on the pipeline and Sable’s contention with the Central Coast Regional Water Quality Control Board.
On April 15, environmental groups issued two lawsuits against CALFIRE, the Office of the State Fire Marshal (OSFM) and State Fire Marshal Daniel Berlant. Nexus File Photo
On April 15, environmental groups issued two lawsuits against the California Department of Forestry and Fire Protection (CAL FIRE), the Office of the State Fire Marshal (OSFM) and State Fire Marshal Daniel Berlant. The suits have similar claims that the waiver issued regarding the cathodic protection for the Las Flores Pipeline System was illegal. They claim it’s due to a failure to hold a public hearing and conduct an environmental review before it was issued.
Cathodic protection prevents pipeline corrosion that occurs through oxidation and eventual breakdown.
“Cal Fire approved the State Waivers without any environmental review, public notice, hearing, opportunity for public comment, or the required findings in violation of the California Environmental Quality Act (CEQA) and California and federal pipeline safety laws,” the lawsuit alleged.
The Environmental Defense Center (EDC), alongside the Sierra Club, Santa Barbara County Action Network, Santa Barbara Channelkeeper and Get Oil Out! filed one lawsuit, while the Center for Biological Diversity and Wishtoyo Foundation filed the other.
Cathodic protection is particularly relevant to the Las Flores Pipeline System, since corrosion caused roughly 450,00o gallons of oil to spill on Refugio Beach in 2015.
“Exempting this pipeline from basic corrosion prevention requirements is a mindbogglingly shortsighted move that puts our incredible coastline at risk of yet another massive spill,” Julie Teel Simmonds, senior attorney at the Center for Biological Diversity, said. “The State Fire Marshal pushed out these waivers without even taking a hard look at all the environmental and public safety risks, and our marine wildlife and coastal communities could wind up once again covered in toxic crude.”
The OSFM did not comment on the matter, citing that they were in active litigation. At the time the waiver was issued, the office said waivers are granted based on “extensive” engineering analysis by the office, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Sable.
In a statement given when the waiver was issued, the OSFM said that waiving certain regulations does not exempt the pipeline from having to be “operated in a safe manner.”
“State waivers, when granted, place more stringent compliance requirements on the operator seeking a waiver than a pipeline would normally be subject to,” the statement read. “The objective of a state waiver is to ensure pipeline safety that exceeds the baseline established under existing law.”
In other developments, California Attorney General Rob Bonta was denied a request on April 17 to issue a temporary restraining order on Sable for work done to the pipeline. The work is allegedly unpermitted; however, Sable holds that the work is allowed under permits issued to the pipeline’s then-owner, Celeron Pipeline Company, in the 1980s.
The California Coastal Commission has issued three cease-and-desist orders to Sable in the past four months regarding recent work on the pipeline.
Later that same day, the Central Coast Regional Water Quality Control Board, which oversees water quality regulations and enforcement, voted 5-0 to refer the “unpermitted” work to Bonta for judicial prosecution.
According to the Santa Barbara Independent, Sable has until the first quarter of 2026 to restart the pipeline, or else ExxonMobil is reportedly contractually obligated to repossess the Santa Ynez Unit, which contains the pipeline.
A version of this article appeared on p. 1 of the Apr. 24, 2025 edition of the Daily Nexus.
