On Friday, April 3, Citadel Exploration filed a request for dismissal in its suit against San Benito County’s Measure J.  Measure J was passed in the November 2014 election and is a ban on high-intensity petroleum operations, which includes hydraulic fracturing, acid well stimulation, and cyclic steam injection.  Citadel initiated this suit in February 2015, arguing that state law preempted Measure J, which is a county law.

The request for dismissal does not carry the weight of precedent or indicate that Measure J is legal, however.  It is still possible for another party to challenge the measure under other circumstances and stating the same legal arguments, such as the measure constitutes an illegal take of property without just compensation.Continue Reading Citadel Drops Lawsuit Against San Benito Fracking Ban

On Election Day, Tuesday, Nov. 4, three counties in California presented voters with measures to ban hydraulic fracturing and other forms of intensive oil and gas operations.  Voters in Santa Barbara County rejected the measure there, while voters in San Benito and Mendocino Counties approved their respective ballot measures.

Santa Barbara’s Measure P would have banned the use of “high-intensity” oil extraction methods, including fracking, by future oil and gas projects on unincorporated county land.  Measure J, the San Benito County Fracking Ban Initiative, also bans “high-intensity petroleum operations,” which includes fracking, acid well stimulation, and cyclic steam injection.  Additionally, it bans any new gas or oil drilling activity in residential and rural areas in the County.  Measure J passed 57% to 43%.  The Mendocino County Community Bill of Rights Fracking and Water Use Initiative, Measure S, bans “unconventional extraction of hydrocarbons,” including fracking.  The ordinance creates a strict liability scheme for damages to any person or property inside Mendocino County caused by unconventional extraction.  Measure S passed 67% to 33%.Continue Reading Two County Fracking Prohibitions Succeed While One Fails: What the Voting Results in Santa Barbara, San Benito, and Mendocino Counties Mean for the Oil & Gas Industry in California