Attorney General Bonta Blasts BOEM for Planning Fracking off California’s Coast

OAKLAND – California Attorney General Bonta filed a comment letter to the U.S. Bureau of Ocean Energy Management (BOEM) expressing strong concerns about its Notice of Intent to Prepare an Environmental Impact Statement (EIS) and Request for Comments (Notice) regarding a proposal to allow well stimulation treatment (WST), including hydraulic fracturing (also known as fracking). Platform Gilda is located offshore Ventura County. The proposed change to BOEM’s existing Development and Production Plan would allow offshore fracking of up to 16 existing wells. BOEM is issuing this Notice under the U.S. Department of Interior's (DOI) procedures for a national emergency based on President Trump’s January 20, 2025 Executive Order declaring a purported National Energy Emergency, which allow BOEM to curtail the EIS process and public comment opportunity under the National Environmental Policy Act (NEPA). In the comment letter, Attorney General Bonta raises concerns that a 2022 order from the U.S. Court of Appeals for the Ninth Circuit prevents BOEM from issuing WST permits unless it completes an EIS meeting specific requirements — which is not feasible within BOEM’s proposed timeline of 28 days for the EIS process and 10 days for public comment — and that the claim of urgency due to an energy emergency is questionable given BOEM has had years to act.

“Curtailing procedural requirements for environmental review in the name of a fake ‘national energy emergency’ is unlawful,” said Attorney General Bonta. “The Trump Administration continues to ride roughshod over the law to help out their Big Oil friends. We won’t let the Trump Administration drill off our coast at the expense of California’s coastline, our communities, and our future. I will firmly protect our environment and public health from hasty decisions with potentially ulterior motives.” 

Substantial evidence shows that offshore WST can cause significant environmental impacts, including the discharge of toxic chemicals into the marine environment and prolonging the life of aging offshore infrastructure associated with WST. Offshore oil and gas production could lead to disastrous environmental impacts, lacks any significant economic benefits, and is inconsistent with California’s state law targets for reducing greenhouse gas emissions to address climate change. Further, California has staunchly opposed efforts to expand offshore drilling since 1968, when the last new lease for offshore oil or gas development was issued by the state.

In the comment letter, Attorney General Bonta asserts that:

• DOI’s energy emergency procedures are unlawful and the scope of the emergency regulation does not cover WST on Platform Gilda.
• The limited consideration of alternatives to the proposed WST risks violating the Ninth Circuit’s 2022 injunction prohibiting BOEM from approving WST permits without an EIS evaluating all reasonable alternatives.
• The EIS must consider impacts by other agencies, the adequate range of alternatives, changed circumstances, environmental impacts, and flawed assumptions of well stimulation.