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Protect Monterey County to Appeal Decision on Measure Z's Ban on Harmful Oil Industry Practices
MONTEREY, Calif., December 29, 2017 — Protect Monterey County and its attorneys announced that they will appeal yesterday’s Monterey County Superior Court decision that overturns portions of Measure Z. Last year Monterey County voters passed Measure Z, an initiative that bans hydraulic fracturing (“fracking”), prohibits new oil wells and phases out oil-industry wastewater injection wells.
The court’s decision leaves the fracking ban in place, holding that oil-industry plaintiffs lack standing to challenge it. However, the decision strikes down the ban on new oil and gas wells and wastewater injection, finding these portions are “preempted,” or disallowed, by state and federal law.
“We will appeal this decision,” said Dr. Laura Solorio, president of Protect Monterey County. “We’re confident that a higher court will uphold Measure Z in full and affirm the right of communities to protect themselves from risky oil operations. California law provides local governments with broad authority to protect our air, water and health.”
Measure Z is a citizens’ initiative Protect Monterey County’s volunteers placed on the November 2016 ballot. Oil companies launched a $5.4 million multimedia campaign to stop Measure Z. Despite being outspent 18 to 1, the thousands of Protect Monterey County volunteers prevailed, and Measure Z won with 56 percent of the vote.
After the election, Chevron, Aera Energy (owned by ExxonMobil and Shell), some small oil companies and royalty owners filed six lawsuits challenging Measure Z. Monterey County Superior Court Judge Thomas Wills consolidated the six lawsuits into one trial, which took place from Nov. 13 to Nov. 16. The oil companies were represented by a team of about two dozen lawyers fighting to overturn the voter-approved measure.
Protect Monterey County is represented by Robins Kaplan LLP, the Stanford Environmental Law Clinic and the Center for Biological Diversity.
Measure Z gained new urgency among residents earlier this year when California regulators proposed allowing oil producers to continue pumping oil-waste fluid into protected aquifers near San Ardo. In addition to drinking water contamination, oil-industry wastewater injection has been linked to induced earthquakes. Moreover, according to a Center analysis, oil produced in the San Ardo oilfield is even more climate-damaging than Canadian tar sands crude.
“The oil industry deployed an army of lawyers to attack Measure Z’s health and environmental safeguards,” said Kassie Siegel, director of the Center’s Climate Law Institute and an attorney on the case. “But the law is on our side and, even if it’s a long battle, we’ll win these long-overdue protections for the people of Monterey.”
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.6 million members and online activists dedicated to the protection of endangered species and wild places.
Protect Monterey County is an all-volunteer, grassroots group which sponsored Measure Z and is now helping to defend it in the courts.
http://www.biologicaldiversity.org/news/press_releases/2017/measure-z-12-29-2017.php
“We will appeal this decision,” said Dr. Laura Solorio, president of Protect Monterey County. “We’re confident that a higher court will uphold Measure Z in full and affirm the right of communities to protect themselves from risky oil operations. California law provides local governments with broad authority to protect our air, water and health.”
Measure Z is a citizens’ initiative Protect Monterey County’s volunteers placed on the November 2016 ballot. Oil companies launched a $5.4 million multimedia campaign to stop Measure Z. Despite being outspent 18 to 1, the thousands of Protect Monterey County volunteers prevailed, and Measure Z won with 56 percent of the vote.
After the election, Chevron, Aera Energy (owned by ExxonMobil and Shell), some small oil companies and royalty owners filed six lawsuits challenging Measure Z. Monterey County Superior Court Judge Thomas Wills consolidated the six lawsuits into one trial, which took place from Nov. 13 to Nov. 16. The oil companies were represented by a team of about two dozen lawyers fighting to overturn the voter-approved measure.
Protect Monterey County is represented by Robins Kaplan LLP, the Stanford Environmental Law Clinic and the Center for Biological Diversity.
Measure Z gained new urgency among residents earlier this year when California regulators proposed allowing oil producers to continue pumping oil-waste fluid into protected aquifers near San Ardo. In addition to drinking water contamination, oil-industry wastewater injection has been linked to induced earthquakes. Moreover, according to a Center analysis, oil produced in the San Ardo oilfield is even more climate-damaging than Canadian tar sands crude.
“The oil industry deployed an army of lawyers to attack Measure Z’s health and environmental safeguards,” said Kassie Siegel, director of the Center’s Climate Law Institute and an attorney on the case. “But the law is on our side and, even if it’s a long battle, we’ll win these long-overdue protections for the people of Monterey.”
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.6 million members and online activists dedicated to the protection of endangered species and wild places.
Protect Monterey County is an all-volunteer, grassroots group which sponsored Measure Z and is now helping to defend it in the courts.
http://www.biologicaldiversity.org/news/press_releases/2017/measure-z-12-29-2017.php
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I can remember a time when profits margins weren't whatever you could get but reasonable and sustainable. Back in the 60s, 70s when I was going up when people went into to business there were certain expected profit margins to be achieved with every business and corporations hadn't completely taken over our lives. There was a more stable reasonable and rational pursuit of profits, but currently we live in a "parasite market" where profits are king and the sky is the limit. Corporations have gotten so out of control in pursuit of greed and profits that they contend to have more rights than individuals and communities. Ultimately they will be our society's ruin.
When did we lose the right to say no to destroying health of our environment and poisoning our water ? I think during the years that middle class wage earnings boomed, the standard living of blossomed; people stopped paying attention while the corporations quietly took over. It is time for us not only to take notice, but to fight to back, push back, take back control. Not only for sake of ourselves but to insure future generations the right and chance to survive, thrive.
It is important to hold accountable corporations, our leaders such as Governor Brown and court system. No, it is not okay to put profits above our rights, poisoning our water, destroying our communities, destroying our environment and ignoring the will of the voters. We need to add our voices and support to those who stand up against these parasite profiteers. We need to let would be future profiteers know we are watching! We are willing to fight back! There are limits to profits—we will not allow corporations to take from us in the name of greed!
When did we lose the right to say no to destroying health of our environment and poisoning our water ? I think during the years that middle class wage earnings boomed, the standard living of blossomed; people stopped paying attention while the corporations quietly took over. It is time for us not only to take notice, but to fight to back, push back, take back control. Not only for sake of ourselves but to insure future generations the right and chance to survive, thrive.
It is important to hold accountable corporations, our leaders such as Governor Brown and court system. No, it is not okay to put profits above our rights, poisoning our water, destroying our communities, destroying our environment and ignoring the will of the voters. We need to add our voices and support to those who stand up against these parasite profiteers. We need to let would be future profiteers know we are watching! We are willing to fight back! There are limits to profits—we will not allow corporations to take from us in the name of greed!
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