Association of Irritated Residents v. California Department of Conservation, Division of Oil, Gas, & Geothermal Resources

The California Court of Appeal affirmed a trial court’s determination that California Environmental Quality Act (CEQA) review was not required for the issuance of certain permits to drill by the Division of Oil, Gas, & Geothermal Resources (DOGGR) of the California Department of Conservation because DOGGR’s approvals in this case were ministerial in nature. The petitioners had alleged that the agency failed to consider the cumulative impacts of the permits, including the release of greenhouse gases. The appellate court concluded that “[a]lthough some statutory provisions and regulations reflect that, under other circumstances, DOGGR would ordinarily exercise discretion in making well drilling permit decisions, that was not the case here.” In the “limited and narrow circumstances” of this case, the appellate court found that DOGGR had not exercise discretionary judgment or deliberation “but merely determined in a mechanical fashion whether there was conformity with applicable standards set forth in the regulations and … field rules.”