On October 2, 2021, a massive oil spill occurred off the coast of Huntington Beach, California, spewing an estimated 126,000 gallons of crude oil into the Pacific Ocean. The spill has caused extensive damage to the environment, killing an estimated 3,500 birds, 100 sea lions, and other marine life.
In the aftermath of the spill, California Governor Gavin Newsom called for an end to offshore drilling in federal waters off the coast of the state. However, the governor's hands are tied when it comes to regulating offshore drilling, as this authority lies with the federal government.
Federal Control Over Offshore Drilling
The Outer Continental Shelf Lands Act (OCSLA) of 1953 grants the federal government exclusive jurisdiction over the natural resources of the outer continental shelf (OCS), which extends from state waters (generally three miles from shore) to the edge of the continental shelf. This includes jurisdiction over oil and gas drilling, as well as other activities such as fishing, mining, and renewable energy development.
Under OCSLA, the federal government has the authority to lease areas of the OCS for oil and gas drilling. The leasing process is managed by the Bureau of Ocean Energy Management (BOEM), which is a bureau within the U.S. Department of the Interior. BOEM conducts environmental reviews and issues permits for offshore drilling projects.
State Control Over Offshore Drilling
States do not have the authority to regulate offshore drilling in federal waters. However, states do have some regulatory authority over offshore drilling activities that occur within state waters. For example, California has the authority to regulate oil and gas drilling in state waters, which extend three miles from shore.
In addition, states can use their coastal zone management programs to influence offshore drilling activities. Coastal zone management programs are federally approved plans that states develop to protect their coastal resources. States can use these programs to regulate activities that could affect coastal resources, such as offshore drilling.
Limited Options for California
Given the federal government's exclusive jurisdiction over offshore drilling in federal waters, California has limited options for taking action to end offshore drilling. The state could attempt to challenge the federal government's authority over offshore drilling in court, but this is likely to be a long and difficult process.
A more realistic option for California is to work with the federal government to reduce the risks of offshore drilling. This could include working with BOEM to strengthen environmental regulations and oversight of offshore drilling projects. California could also work with Congress to pass legislation that would restrict or prohibit offshore drilling in federal waters.
In the meantime, California can continue to use its coastal zone management program to regulate oil and gas drilling activities in state waters. The state can also continue to advocate for an end to offshore drilling in federal waters.
