Description: Lawsuit alleging that California governor improperly directed the California Geologic Energy Management Division to implement bans or moratoriums on well stimulation treatments such as hydraulic fracturing and high pressure cyclic steam permits.
County of Kern v. Newsom
Filing Date Type File Action Taken Summary 04/05/2022 Ruling Lawsuit dismissed. California Court Dismissed Lawsuit Alleging Illegal De Facto Ban on Fracking. A California Superior Court dismissed Kern County’s lawsuit alleging that California Governor Gavin Newsom improperly directed the California Geologic Energy Management Division (CalGEM) to implement bans or moratoriums on well stimulation treatment (such as hydraulic fracturing) permit approvals and high pressure cyclic steam permits for recovering hydrocarbon resources. The County contended that CalGEM’s denial of certain permits had been “premised on vague and unsubstantiated assertions … that denying in-state production permits is necessary ‘to protect public health and safety and environmental quality, including [the] reduction and mitigation of greenhouse gas emissions associated with the development of hydrocarbon … resources.’” Bakersfield.com reported that the court found that the lawsuit was a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit that would “impermissibly limit [the governor’s] public statements and/or prevent him from fulfilling his executive duties.” 09/13/2021 Petition for Writ of Mandate Download Petition for writ of mandate, prohibition or other appropriate relief (Code of Civil Procedure §§ 1085, 1102) and declaratory relief.