HomeMy WebLinkAbout1977-04-19; City Council; 5041; City Participation in Lawsuit Re. Offshore Oil DrillingCITY oF_CARLSBAD
AGEN,�A BILL NO.,,,Q..� Initial:
Dept.Hd.
DiTE: April 19. I977 C. Atty.
DEPARTMENT: Cit� v Attorney C. Mgr-
Su ect:
CITY PARTICIPATION I', LAWSUIT RE. OFFSHORE OIL DRILLING
Statement of the Matter .
The'Board of Supervisors has decided to file a lawsuit
= against the Department of Interior contending an EIS
�►.- should have been prepared prior t&-proceeding to lease
tracts of land off San Diego County shoreline for oil
exploration. The Board, by letter: dated April 4, 1977,
has invited the City of Carlsbad to join with the County
in the lawsuit. A copy of the letter explaining the
s Board's position is attached.
Exhibit
Letter from Supervisor ,Sim Bates, dated April 4, 1977.
Recommendation
if the Council wishes to participate they should by motion
so indicate and direct the City Attorney to take the steps
necessary to make the City a party to the action. The
Council should also indicate whether or not they wish to
make any financial or other contribution to County's Effort..
Council action
4-19-77 The Council agreed to have the City participate in the lawsuit
filed by the Board of Supervisors against the Department of
Interior, and dirpctod the City Attorney to take the steps
necessary to make the City a party to the action.
J
SUPERVISOR JIM BAT
•wi,V i
• April 4, 1977
1' 77
;;
Honorable Mayor and Council of the
City of Carlsbad • AGE'
City Zia}l,lv'tZC?LL '
1200 Elm Avenue
Carlsbad, California 92008
Honorable Mayor and Council:
on March 31, 1977, the Board of Supervisors decided to
file a lawsuit against the U. S. Department of the Interior.
The suit is contending that the Department should have
prepared an Environmental Impact Statement prior to the call
for nominations and tract selection fox proposed lease sale
No. 48 for oil drilling. in this lawsuit the Board is
asking the court to void the call for nominations until an,
Environmental Impact Statement has been prepared.
The Board of Supervisors is inviting you to join the
County in this lawsuit.
As you know, the call for nominations for proposed
lease sale No. 48 occurred lust July. At that time oil
companies taste asked to nominate the areas they were mast
interested in. Local governments and the public were
" allowed the opportunity for comment and to submit "negative
nominations" for areas to be excluded from consideration for
leasing. Negative nominations were submitted by the County,
City of San Diego, and Comprehensive Planning Organization.
" Specific environmental concerns were included in the xasolutionsl
however, the lack of availability of detailed environmental
studies precluded local agencies from pkoviding specific
documentation of the anticipated adverse impacts., The
issues specifically raised in those nominations were not
addressed by the Department of the Interior in their tract
selection, and twenty-six tracts were selected from within
the °area of primary concern," which was negatively nominated.
The contention of the lawsuit being brought by the
County is that an EIS should be prepared prior to the call
for nominations to allow for meaningful input from state and
local agencies and th4 public at this critical decision
stage. Under present procedures, significant commitments to
z
City of Carlsbad -2- April 4, 1977
the occurrence of the lease sale have already been made
prior to the EIS. This is contrary to the provision of the
National Environmental Policy Act that an EIS be prepared at
the earliest possible stage. '
The participation of your city as a party in this
lawsuit would enhance this attempt to void the call for
nominations for lease sale No. 40, It is the Board's
intention that the County Counsel will provide the legal
services necessary to prosecute the action. For additional
information on this lawsuit, you may contact John Mcrvoy,
Deputy County Counsel, at 236-3900, and Joan Werner, OCS
Policy Coordinator, integrated Planning Office, at 236-4743.
y true ours,
i-M DATES, Chairman
Board of Supervisors
JA/JM/cac
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