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LA oil drilling ban overturned
An active oil derrick near homes in the city of Signal Hill in Los Angeles County on Oct. 19, 2022.
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Pablo Unzueta
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CalMatters
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Topline:
An LA County Superior Court judge ruled that the city of L.A.’s ordinance to ban new oil drilling and phase out existing drilling within the city over 20 years is illegal.
The background: In 2022, the Los Angeles City Council unanimously adopted an ordinance deeming all existing oil drilling sites within the city “legally nonconforming land use.” The ordinance went into effect last year and was celebrated by community members who live near oil drilling operations as a major win for public health and the climate. Oil drilling company Warren Resources sued the city soon after.
What the ruling says: Late Friday, Judge Curtis Kin ruled in favor of the oil company, finding that the city’s ordinance preempted state law. The ruling argues that only the state agency CalGEM has the power to regulate “methods and practices” of oil drilling, while acknowledging that cities still have the right to regulate where oil drilling occurs within city limits.
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What’s next: The city of LA still has time to appeal the decision. The City Attorney’s office declined to comment citing pending litigation. LA County is also facing similar lawsuits regarding its oil drilling ban.
A state bill: In the meantime, AB 3233 is a bill currently on Governor Gavin Newsom’s desk that would clarify that local governments do in fact have the authority to ban and phase out oil drilling. A legal expert LAist spoke with said, if the governor signs it, that would likely reverse the decision by the county superior court.
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