A proposed drilling ban could frustrate plans to look for oil near the Apalachicola River
Florida lawmakers are advancing a proposed ban on oil and gas drilling near the Apalachicola River and Bay, which could stop ongoing plans to allow exploratory drilling in the area.
Florida lawmakers could help remove the threat of drilling near the Apalachicola River, as a Louisiana company seeks permission to look for oil about a mile from the riverbank.
“I'm just not willing to risk the beauty of our region or the health of our economy for a chance at finding oil,” said state Rep. Jason Shoaf (R-Port St. Joe), who’s sponsoring the legislation, during a recent committee meeting. “These ecosystems are incredibly fragile.”
Shoaf’s bill — HB 1143 — would ban “drilling, exploration, or production of oil, gas, or other petroleum products” within 10 miles of any of the state’s three National Estuarine Research Reserves. That includes the Apalachicola reserve, which covers more than 234,000 acres, including the bay and 52 miles of the river.
“There won't be any more drilling within ten miles of any of these,” Shoaf said. “We’re wanting to shut it down.”
Legal experts say a literal reading of the bill could frustrate the state Department of Environmental Protection’s plans to allow Clearwater Land and Minerals LLC to conduct exploratory drilling in the river’s floodplain, and it would certainly stop the company from ever extracting oil at that location — if any exists.
Last week, the bill passed the House Natural Resources and Disasters Subcommittee — its first committee stop — with unanimous consent (16-0). The measure is now awaiting a vote in the House State Affairs Committee, with three weeks left in the legislative session.
If enacted, it would take effect on July 1.
So far, the only public opposition to Shoaf’s drilling ban has come from the oil and gas industry.
“We have issues with the ten-mile setback,” said Erik Hamilton, associate director of the American Petroleum Institute’s Gulf Coast region, during a recent committee meeting. “It seems kind of far to us.”
Shoaf’s bill could stop plans for exploratory drilling
About a year ago, state environmental officials issued a draft exploratory drilling permit to Clearwater, signaling its intent to allow the company to look for oil in the river’s floodplain near Dead Lakes.
The move has received pushback from residents across the state, but especially from locals whose livelihoods depend on the river and bay.
“Hundreds of businesses, thousands of voters,” Shoaf said, “oppose the drilling.”
Right now, a judge is weighing the legality of DEP’s plans to issue a final permit after the Apalachicola Riverkeeper filed a challenge in administrative court last summer.
“A spill in the wrong place at the wrong time would be absolutely catastrophic,” said David Guest, a Tallahassee-based environmental attorney who’s researched and written about the potential impacts of drilling in that area. “It's one of the most important estuaries in the world.”
If the judge sides with the state, the department would likely issue a final exploratory drilling permit to the company before the proposed legislation would take effect, Guest explained.
But if Shoaf’s legislation is enacted, it could prevent Clearwater from ever conducting exploratory drilling, based on a “literal reading” of the bill’s text, he added.
“It certainly has the capability of stopping it,” Guest said, “by making it unlawful to drill in that location before they drill — even if they have a permit.”
If that happened, then there would likely be litigation, he added.
Terrell Arline, another Tallahassee-based environmental attorney, said the legislation would definitely stop exploratory drilling from happening if it takes effect before DEP issues a final permit. But if the permit comes first, then it’s less clear whether it would stop Clearwater’s plans, he added.
But even if any is found, the company wouldn’t be able to get a second permit to actually extract the oil because the legislation would’ve already taken effect.
“If they wanted to pump oil, they'd have to get another permit to drill,” Arline said.
A similar measure in the Senate doesn’t include the proposed ban
Republican state Sen. Corey Simon — whose district includes communities that rely on the Apalachicola River and Bay — is sponsoring a similar measure that also received unanimous support in its first committee stop.
But Simon’s bill doesn’t include the proposed ban on drilling within 10 miles of any national estuarine research reserve.
“We're hoping that Simon would add that,” said Apalachicola Riverkeeper Cameron Baxley. “That would be very clear and definitive in helping us out with preventing oil and gas exploration on the Apalachicola River.”
Like Shoaf’s legislation, the bill that Simon filed would require state environmental officials to consider “potential impacts” that a blowout or spill would have on the “ecological community’s current condition, hydrologic connection, uniqueness, location, fish and wildlife use, time lag, and the potential costs of restoration.”
“We're definitely counting on him to try and push this through,” Baxley said, referring to Shoaf. “This would be a big benefit to protecting the river and the bay.”
DeSantis remains mum on possible drilling permit, proposed ban
In recent years, Gov. Ron DeSantis has pushed for increased funding to help improve water quality and restore the wild oyster habitat in the Apalachicola Bay.
But DeSantis has remained silent when it comes to the possibility of drilling near the river, even though thousands of residents have sent emails to his office opposing the plan.
“Why are you giving that money if you're also, on the on the other hand, just letting somebody come in and drill in this fragile ecosystem,” said Franklin County resident Julie Boisseau, who has called and emailed the governor’s office, but hasn’t received a response. “It doesn't make any sense.”
DeSantis could stop DEP from issuing a final permit, but he has refused to step in and prevent it from happening.
The governor’s office hasn’t responded to requests for comment on whether he supports Shoaf’s proposed drilling ban or whether he opposes the plan to allow Clearwater to drill near the river.
“I want the governor to do more,” Boisseau said. “He needs to intervene.”