County of Santa Barbara, a Political Subdivision of the State of California v. Robert J. Malley, Los Angeles District Engineer, Corps of Engineers

As in the related Hickel cases, 426 F.2d 164 , (9th Cir. 1970) in which an opinion has been filed today, this case is an aftermath of the January, 1969 oil-well blowout under Union Oil Company’s Platform A in the Santa Barbara Channel.

In the posture of the case as it reaches this court, the ultimate relief sought by plaintiffs is much more limited than that which they originally asked for in their complaint. They now seek a mandatory injunction pertaining only to the duties of Robert J. Malley, Los Angeles District Engineer, Corps of Engineers (District Engineer), in acting upon applications for permits to construct new facilities on the Outer Continental Shelf. As to these applications plaintiffs now seek a mandatory injunction requiring the District Engineer to grant them a public hearing before acting thereon. Such hearings would be limited, however, to the effect of the facilities upon navigation and national security.

On October 3, 1969, when plaintiffs began this action, they moved for a preliminary injunction restraining the District Engineer from granting any such application during the course of this litigation without first according plaintiffs a hearing of the kind…