ELR Citation: 50 ELR 20087
No(s). F078460 (Cal. Ct. App. Apr 8, 2020)

In an unpublished opinion, a California appellate court affirmed dismissal of a challenge to the Division of Oil, Gas, and Geothermal Resources' issuance of 213 permits to drill new oil wells in a California oil field. Environmental groups argued the Division failed to comply with the California Environmental Quality Act (CEQA) when it issued each of the individual permits because no CEQA exemption was available, and the Division failed in each instance to conduct any environmental review. The trial court found that rather than exercising discretion in approving the drilling of the new wells, the Division was simply checking for conformity with fixed objective standards found in the oil field's rules and regulations, and thus that issuance of the permits appeared to be ministerial and hence not subject to CEQA. The appellate court agreed, finding the Division did not exercise discretionary judgment or deliberation, but merely determined in a mechanical fashion whether there was conformity with applicable standards. It therefore affirmed the trial court's denial of the groups' petition for writ of mandate.