Center for Biological Diversity v. California Geological Energy Management Division

A California Superior Court denied motions by the California Geological Energy Management Division (CalGEM) and the oil and gas industry groups for judgment on the pleadings in a case brought by Center for Biological Diversity (CBD) alleging that CalGEM engaged in a pattern and practice of approving oil and gas permits without reviewing their impacts under the California Environmental Quality Act (CEQA). The court said CBD could pursue relief in an action for declaratory relief, that the complaint adequately alleged that CalGEM “has a consistent pattern or practice that might be unlawful,” and that the complaint would not circumvent CEQA requirements.

Center for Biological Diversity (CBD) filed a lawsuit in California Superior Court alleging that the Geologic Energy Management Division of the California Department of Conservation (CalGEM) issued permits for oil and gas drilling and other oil and gas activities without complying with the California Environmental Quality Act. CBD contended that CalGEM engaged in an “unlawful pattern practice” of approving such activities by issuing permits and approvals without any environmental review, in reliance on inapplicable exemptions, or based on inadequate environmental reviews conducted by local governments. CBD alleged that the “continual addition of new oil and gas activity” resulted in significant and well-documented environmental impacts, including significant amounts of greenhouse gas emissions associated with extraction, refining, combustion, and transportation.