February 19, 2016 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session, and the Legislature’s ever-growing appetite for regulating the energy industry in California shows no signs of being satiated anytime soon. More bills than ever proposing to add new regulations on the oil and gas industry have been introduced.
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Fish versus Farms: Proposed Federal Legislation Seeks a Balance for California Water Supplies
On Wednesday, February 10, Senators Dianne Feinstein and Barbara Boxer (Dem.-California) introduced a draft bill with the explicit purpose to “provide short-term water supplies to drought-stricken California and provide for long-term investments in drought resiliency throughout the Western United States.” Entitled, “California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act”…
No Issuance of Federal Offshore Fracking Permits Until May 2016
On January 29, 2016, the Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”), agencies within the federal Department of the Interior (“DOI”), agreed to put a temporary moratorium on issuance of fracking permits in the Pacific Outer Continental Shelf until environmental review is conducted. The temporary moratorium is…
Environmental Challenge Blasts Kern County Oil and Gas Rules
On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a “grossly inadequate” Environmental Impact Report (“EIR”) for its new oil and gas rules. The Sierra Club, Center for Biological Diversity, and the Natural Resources Defense…
Public Works Board Moving Forward with Condemnations as High Speed Rail Project Breaks Ground
As the High Speed Rail Authority (“Authority”) prepares to begin construction this week of the first segment of the High Speed Rail Project (the “Project”), the State Public Works Board is concurrently scrambling to consider resolutions of necessity to acquire property for the first segment within Fresno and Madera counties. Because of the recent litigation…
New Water Reporting Requirements for Oil and Gas Operators
A new oil and gas reporting bill, Senate Bill 1281, sponsored by State Senator Fran Pavley, was signed by Governor Brown on September 25, 2014. The California Department of Conservation – Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice to Operators containing important information on the new law’s reporting mandates on December…
Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person
In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San Francisco Bay Conservation and Development Commission’s (“Commission”) determination that a project alternative was not economically feasible was supported by substantial evidence.
The project at issue,…
Failure to Comply With LAFCO Procedural Requirements Proves Fatal to CEQA Suit
In Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (filed January 28, 2014) (“Protect Agricultural Land”), the Fifth District Court of Appeal affirmed judgment on the pleadings in favor of the Stanislaus County Local Agency Formation Commission (“LAFCO”), and squarely held that all “lawsuits seeking to set aside a LAFCO approval of an…
Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project
In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration (“MND”) for a residential infill project. The court found no Environmental Impact Report (“EIR”) was necessary because the expert opinion upon which…