ELR Citation: 53 ELR 20123
No(s). S271869 (Cal. Aug 3, 2023)

The California Supreme Court affirmed an appellate court ruling in favor of oil producers and mineral rights holders in a challenge to a county ordinance banning oil and gas wastewater injection and impoundment and drilling of new oil and gas wells. The plaintiffs argued the ordinance was preempted by state and federal law, constituted a facial taking of property, and violated their due process rights. A trial court entered judgment in favor of plaintiffs on state and federal preemption grounds, and the appellate court affirmed. The high court concluded the ordinance contradicted, and therefore conflicted with and was preempted by, California Public Resources Code §3106. It affirmed judgment for the plaintiffs.