Action Alert: Reassert Local Gov't Authority to Limit Oil Drilling
9/4 Update: This bill was amended to remove the change to CalGEM’s legal mandate, but kept the core aspect of affirming local control. It passed, but still needs to be signed by the governor. You can take action by asking the governor to sign it.
One of the most consequential bills in Sacramento this year would reassert the authority of California municipalities to protect their communities from air pollution by limiting or banning oil and gas drilling. It would also create a mandate that California minimize harm from oil and gas operations. You can help by calling your State Senator and telling them to stand up to the fossil fuel industry.
In recent years, local governments have attempted to regulate oil and gas activities in their communities to limit the emissions and damage to neighborhoods that are a typical result of oil and gas development. In response, the oil and gas industry has aggressively worked to undermine local voices. In addition to the tens of millions spent annually on lobbying in California, their legal strategies have included preemption claims and challenges to health and safety set-back requirements. Here in Los Angeles County, the oil industry has attacked scientific findings on the harmful impacts of oil extraction to local neighborhoods, pressured cities to undercut drilling phase out plans, and threatened to sue if oil and gas phaseouts are adopted by municipalities.
The necessity of statewide legislation to protect and reassert local authority with respect to oil and gas operations was made apparent with the California Supreme Court’s recent overruling of Monterey’s voter-approved Measure Z that banned the drilling of new oil wells in the county.
Chevron’s lawsuit opposed both the voter-enacted land use prohibition to the drilling of new oil wells and the measure’s proscription on the use of wastewater pumping techniques to boost oil extraction from injection wells. Unfortunately, the California Supreme Court ruled in favor of Chevron. The California Geologic Energy Management Division (CalGEM) is the state agency responsible for gas and oil permitting. The court ruled that because CalGEM has discretion in its permitting decisions, local limitations on these potential activities, such as those imposed by Monterey, were contrary to state law and thus prohibited. Specifically, the Court ruled that state law gives CalGEM authority over “methods and practices” related to oil and gas production and, in the court’s view, Measure Z attempted to give Monterey Country authority conflicting with that of the state.
This is an urgent statewide issue. Los Angeles has also attempted to regulate oil and gas exploration and drilling, so this court ruling will have a direct effect on our ability to keep our own communities from being the subject of intensified fossil-fuel extraction and the associated environmental and health dangers. Further, the Chevron lawsuit is part of the oil and gas industry’s broader strategy in targeting local entities across the state with aggressive and costly litigation tactics.
In response to the California Supreme Court decision, Assemblymember Dawn Addis (Monterey) introduced AB 3233. AB 3233 ensures local governments have the authority they need to limit oil and gas exploration, extraction, and production. The bill specifically authorizes local governments to regulate these activities, thus shielding them from the fossil fuel industry’s aggressive and costly legal tactics. As a consequence, the bill overturns the 2023 California Supreme Court ruling.
AB 3233 also clarifies that CalGEM has a responsibility to preserve California’s natural resources and advance the state’s climate goals in a manner that meets the energy needs of the state, and a legal mandate to minimize harm from oil and gas activities.
The bill passed the Assembly and is currently in the Senate Appropriations committee. It is expected to have a full Senate floor vote in August.
AB 3233 will protect frontline communities, public health and safety, and the environment. Supporting this bill is critical. Contact your State Senator and ask them to vote YES on AB 3233.
Click here to find the contact info for your State Senator.
