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The Climate Litigation Database

County of Kern v. Newsom

Geography
Year
2021
Document Type
Litigation
Part of

About this case

Filing year
2021
Status
Lawsuit dismissed.
Docket number
n/a
Court/admin entity
United StatesState CourtsCalifornia Superior Court (Cal. Super. Ct.)
Case category
State Law Claims (US)Industry Lawsuits (US)
Principal law
United StatesCalifornia Administrative Procedure ActUnited StatesState Law—Miscellaneous Statutes
At issue
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.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
04/05/2022
Lawsuit dismissed.
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.”
Decision
09/13/2021
Petition for writ of mandate, prohibition or other appropriate relief (Code of Civil Procedure §§ 1085, 1102) and declaratory relief.
Petition

Summary

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.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Finance