State officials call it trespassing and are asking a federal judge at a hearing Monday in Los Angeles to order Sable Offshore Corp. to stop using the pipeline — which snakes for 4 miles (6 kilometers) through a portion of Gaviota State Park — and to remove it.

The pipeline system owned by the Texas firm had been idle since one of its pipelines ruptured in 2015 and caused one of California’s worst oil spills, blackening beaches for 150 miles (240 kilometers) from Santa Barbara to Los Angeles. The spill polluted a biologically rich habitat for endangered whales and sea turtles, killing scores of pelicans, seals and dolphins, and decimating the fishing industry.

Energy Secretary Chris Wright used a Cold War-era provision March 13 to direct Sable to restart production, saying shoring up domestic oil supplies is needed to lower gas prices amid the Iran war as the Islamic Republic continues to squeeze a vital shipping channel through which one-fifth of the world’s oil travels. He noted “more than 60% of the oil refined in California comes from overseas, with a significant share traveling through the Strait of Hormuz — presenting serious national security threats.”

The litigation is the latest salvo in an escalating legal battle that is testing states’ power to challenge Washington’s wishes, even during wartime, as the Trump administration rolls back regulations seen as unfriendly to its plans for more coastal oil drilling.

Energy secretary says drilling needed to replace foreign oil

Until the federal intervention, Sable had been unable to sell a drop of oil as the litigation piled up to stop its operation, which includes three rigs in federal waters, offshore and onshore pipelines, and the Las Flores Canyon Processing Facility.

Opposition to the project has been fierce in Santa Barbara, where a 1969 oil spill helped give rise to the modern environmental movement after local California communities hadn’t been given any voice in decisions about offshore drilling.

“We’ve never seen an oil company operate so openly outside of the law,” said Alex Katz of the Environmental Defense Center, the Santa Barbara group formed in response to the 1969 spill.

A state judge last year ordered the operation stopped until Sable proved it was in compliance with state regulations. The Santa Barbara District Attorney also filed felony criminal charges against Sable, accusing it of polluting waterways and harming wildlife as it repaired the pipeline system.

Sable said it has the proper permits.

The U.S. Energy Department said Sable will help California’s in-state oil production jump by 15%, which will replace almost 1.5 million barrels of foreign crude oil each month.

But the crude pulled out by Sable is heavy and costly to refine, said Paasha Mahdavi, an associate professor at the University of California, Santa Barbara, who researches the impact of oil and gas resources on governance and environmental politics. The estimated production of 50,000 barrels a day is also a drop in the bucket on the global scale and will have no impact on domestic gas supplies or prices, he said.

California Attorney General Rob Bonta, who has filed lawsuits over the project, said “the U.S. already produces significantly more oil and gas than we use — it’s a completely fabricated claim intended to curry favor with the oil industry.”

The energy department and Sable did not immediately respond to emails seeking comment on the assertions by state officials.

Jim Flores, Sable’s chairman and chief executive officer, said April 20 that the pipeline had already produced more than 1 million barrels of oil.

“We are working tirelessly to provide American oil from American soil to consumers in California and the U.S. military,” he said.

When the Cold War-era law has been used

The administration invoked the Defense Production Act to restart the drilling. The law was signed by President Harry S. Truman during the Korean War to give the president broad authority to mobilize resources during a crisis.

Two decades ago, both Presidents Bill Clinton and George W. Bush invoked it to ensure that electricity and natural gas shippers continued supplying California utilities to cope with an energy crisis. Former President Joe Biden used it to boost crucial supplies to U.S. solar manufacturers to fight climate change.

“But it’s never been used so brazenly against a set of state regulations, not to mention state litigation,” Mahdavi said. “That’s what makes this unique and perhaps why they used it after the war started. Because under normal circumstances it really would not have made it past the courts.”

California argues it has a say over what operates on state land

The trespassing litigation is based on property rights and federal overreach, both touchstones of conservatism, said Deborah Sivas, a professor at Stanford Law School. State officials say permission to use the pipeline on state land expired in 2016.

“It’s not out in the ocean, in federal waters. This is actually on state property. We have a say on that — you can’t just override that,” Sivas said.

Sivas believes the administration’s expansion of the 1950 law is aimed at ushering in its five-year plan to give the oil industry access to new offshore areas. Courts have been leery to second-guess an emergency order from the federal government, especially amid a war, she said.

“This broad expansion of the act, where they’re saying we’re just going to preempt all of state law, we’re going to use it to just crush state law and order what we want going forward — it’s anxiety producing,” Sivas said.

A few weeks after Wright’s order, the Trump administration exempted oil and gas drilling in the Gulf of Mexico from the Endangered Species Act. Defense Secretary Pete Hegseth said lawsuits by environmentalists — who warned drilling could doom a rare whale species and harm other marine life — threatened to hobble domestic energy supplies amid the Iran war.

The administration also approved an ultra deep-water drilling project in the Gulf of Mexico, the company’s first new oil field developed in the Gulf since the nation’s worst offshore oil spill in 2010.

As California officials fight back, the oil flows

This month, Santa Barbara County Superior Court Judge Donna Geck kept in place an injunction she imposed last year after the California Coastal Commission fined Sable a record $18 million for ignoring cease-and-desist orders over allegations of working without the proper permits.

Sable told the court that Wright’s order supersedes all that. The U.S. Department of Justice is also asking the court to modify or end a binding federal court decree signed after the 2015 spill that gave the state the final say over the restart of the operation, the company said.

Sable said it is seeking hundreds of millions of dollars in financial damage and taking legal action “to curb state and county regulatory overreach.”

Geck again ordered Sable to adhere to state and local regulations. In her ruling, she wrote that case law “strongly implies that the (Defense Production Act) order, by itself, does not permit the violation of applicable state regulatory law.”

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The Soboba Tribal Environmental Department is committed to protecting, restoring, and enhancing natural resources on the Soboba Reservation for all tribal members past, present and future. The STED works to raise awareness of all aspects of the environment. This includes solid waste issues, pollution prevention, water and air quality, conservation measures, household hazardous waste disposal and many other areas.

The open house gave the department yet another community outreach opportunity to provide education and updates utilizing a slideshow to highlight some of its projects.

STED Environmental Director Christian Aceves, who recently celebrated his one-year anniversary with the department, said the event was designed as a way to connect to the community it serves. Because they are often seen out and about on the Reservation, describing some of the reasons they are doing what they do seemed appropriate.

“We want to let everyone know that we are here to help and we’re here to answer any questions,” he said. “Please feel free to stop by our office or call us at any time. We are here for you.”

Aceves explained a common misconception people have is that they are part of the national Environmental Protection Agency, which is an independent agency of the United States government that was proposed and implemented by President Richard Nixon in 1970 to ensure clean air and water. Since the EPA has no jurisdiction over Tribal affairs, STED is a liaison between the Tribe and the federal agency.

“On top of generous Tribal support, we qualify for many EPA grants to help us achieve our goals,” he said.

Current grants being utilized include one for Hazardous Household Waste so residents can safely dispose of items that can be dangerous to keep around their homes, such as old paint and solvents. The department hosts a quarterly event to try and make it as easy as possible to keep homes safe from hazardous materials building up. The next event is being planned for November.

STED Environmental Specialist Micah Knox focuses on the water and air quality on the Reservation and said through the Clean Water Act Section 106 and 319 grant programs, the department monitors water quality, creates educational materials to prevent pollution of water and assesses/addresses any nonpoint source pollution issues. Knox said water quality is tested for a multitude of parameters including temperature, pH level and other crucial elements. It has begun to be monitored for flow.

The newest grant is from the California Air Resource Board, which will allow the installation of air quality monitors to measure such things as temperature, humidity and atmospheric pressure. The monitors will be directly connected to their own dedicated website where anyone can access the information in real time.

“What you drink is the same as what you breathe and we want it to be safe,” Knox said. “Graphs are available on our website and this newest grant will give us air quality details, minute by minute.”

Additionally, an annual community cleanup is held that enlists youth volunteers from the Soboba Tribal TANF program.

“Soboba Tribal TANF youth volunteers are always willing to assist STED in many events from Earth Day to the Household Hazardous Waste events and community clean-ups. Their ongoing support is appreciated and valued by this department,” Aceves said. “We admire Mr. (Harold) Arres’ continued devotion to teaching Soboba youth and his commitment to creating young leaders within the community.”

Administrative Assistant Angelica Rangel said this past summer’s event was very successful with more than 30 truck/trailer bins filled with about 15 tons of solid waste, household waste, e-waste and tires. The collected items were sorted and distributed to the proper authorities that oversee each area.

“Assisting the Soboba Elders is such an honor. STED hosts a multitude of special events for environmental health and sustainability that help both children and elders alike. All events, most notably cleanup events, offer special services for elders in need of extra assistance,” Aceves said. “STED also relies on Public Works and Canyon Crew and of course the support of the Soboba Tribal Council and Tribal Administration offices to ensure the success of each event.”

Rangel said April’s Tribal Earth Day was the biggest STED-hosted event of the year.

“Over 500 people attended and nearly 40 environmentally conscious vendors participated,” she said, adding there were free giveaways for all attendees, recycling boxes available throughout the event and educational material and activities provided by the participating vendors.

The STED regularly collaborates with other Tribal departments to ensure all is being done to provide a clean and safe environment. Parks and Recreation aids by placing and picking up recycling bins. Although STED operates within its own department to distribute recycling bins, permanent bins are located throughout various administration departments and areas. Temporary bins, such as cardboard boxes, are used for special events at the event coordinator’s request. STED works with CR&R to obtain these temporary bins at no cost.

Rangel said the recycling boxes placed at key locations throughout the community resulted in about 31 pounds of aluminum cans and plastic bottles being recycled last month, with all earnings going back into the program. These are disposable boxes that are provided for specific events and by year’s end about 50 of them are expected to be utilized.

Michelle Kaliher, who recently returned to the department as an administrative assistant, said Noli Indian school has been pivotal in many different aspects of the department. “Noli science classes participated in the second annual recycled art project contest at Tribal Earth Day and have now graciously volunteered space on school property to host a permanent air quality monitor for our California Air Resource Board Community Air Grant monitoring project.”

Knox talked about the tree monitoring that he works on with GIS Technician Justin Subith. He said about 150 oak trees have been tagged to date but there are more than 2,000 oak trees on the reservation so it’s an ongoing process. Trees are examined for overall health, damage, crown health, insect emergence and tree circumference.

“We have an annual tree planting event coming up to revitalize some areas on the reservation with trees that are indigenous to this area and the Canyon Crew is a crucial part of this project; they help plant and pick up the plants,” Knox said. “Public Works also aids by providing additional personnel and equipment.”

The team also used the open house event to bring awareness to challenges facing the reservation with the main concerns being erosion control and illegal dumping.

According to National Geographic, “erosion is described as the geological process in which earthen materials are worn away and transported by natural forces such as wind or water.” Aceves pointed out that other factors, such as off-roading vehicles in erosion vulnerable areas, also worsens the condition.

Yet another concern is the possibility of the Gold Spotted Oak Borer finding its way onto the Reservation. The GSOB is an invasive species contributing to the growing number of oak tree deaths occurring on federal, state, private and Native lands in Southern California. So far, it has not affected Soboba’s oaks. To prevent the GSOB from entering the Reservation, introducing outside wood sources such as firewood should be avoided. There were GSOB identification cards available at the event. Residents were asked to report any possible sightings.

Another concern STED is addressing is the fact that Soboba lands are having trouble sprouting new life due to high brush levels.

“Without human intervention, we could see a major loss of oak habitat in the next 50 years,” Knox said.

Aceves said the best way to be proactive is to keep the area clean by picking up any litter that is seen and disposing of it properly; never to burn or bury it. “Every bit of waste has its place,” he said. He also encouraged everyone to use greener and cleaner alternative cleaning products, plant more native species and try to reuse water whenever possible. Safer choice products can be found at www.epa.gov/saferchoice.

The STED takes a comprehensive approach to addressing environmental needs and concerns on and off the reservation. A large emphasis is placed on community outreach with a focus on youth. The development and presentation of workshops, meetings and classroom activities help produce awareness of the environment and reduce negative impacts. Team members also regularly participate in trainings, conferences and webinars related to grant topics and conditions. For more information, 951-654-5544 ext. 4129, caceves@soboba-nsn.gov, mknox@soboba-nsn.gov, epa.soboba-nsn.gov or on social media @sobobaenvironmental.

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