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Get Oil Out! v. Exxon Corp.

Citation: 9 ELR 20038
No. No. 75-3635, 586 F.2d 726/12 ERC 1695/(9th Cir., 11/22/1978)

The Ninth Circuit affirms a lower court's grant of summary judgment for defendants in a suit seeking to enjoin construction of offshore installations to receive and store oil and gas extracted from the outer continental shelf (OCS) until a license has been issued under the Deepwater Port Act. The court holds that the statutory definition of a deep-water port does not include facilities used exclusively for production, transportation, and storage of oil from adjacent OCS mineral leases. Application of the Deepwater Port Act, with its state veto provision and time-consuming licensing procedures, to storage facilities incident to activities on OCS leases would serve to frustrate the Secretary of the Interior's broad authority to control the development of offshore oil and gas resources under the Outer Continental Shelf Lands Act, a result which the legislative history shows Congress did not intend when enacting the Deepwater Port Act.

Counsel for Plaintiffs-Appellants
John M. Sink
Suite 249, 1114 State St., Santa Barbara CA 93101
(805) 963-4266

Counsel for Defendants-Appellees
Edward J. Shawaker
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2813

Philip K. Verleger
McCutchen, Black, Verleger & Shea
30th Floor, 3435 Wilshire Blvd., Los Angeles CA 90010
(213) 381-3411

Denatus Januta, Deputy Attorney General
600 State Bldg., 350 McAllister St., San Francisco CA 94102
(415) 557-0269

Before KENNEDY and HUG, Circuit Judges, and JAMESON,* District Judge.