On Friday, November 6, three environmental organizations filed suit against the City of Los Angeles in California Superior Court for the County of Los Angeles. The three groups, Youth for Environmental Justice, the Center for Biological Diversity and the South Central Youth Leadership Coalition, allege that the “City of Los Angeles has for years employed a pattern or practice of rubber stamping oil-drilling applications in violation of the California Environmental Quality Act (“CEQA”).” Verified Complaint and Petition for Writ of Mandate, at 2. By categorically exempting oil-drilling projects from CEQA, the Complaint states that L.A. has permitted a disproportionately high number of drilling operations in low-income communities and neighborhoods where people of color reside. According to the environmental groups, this is a racially discriminatory practice because the City of L.A. exhibits a pattern of “developing and approving weaker conditions for drill sites in communities where a vast majority of the residents identify as Latino and black.” Id. at 26.

The Complaint focuses especially on the risks of drilling operations on children. “Because  they breathe at a higher rate, and drink more water and consume more food in proportion to their body size, children receive higher doses of toxins and contaminants than adults.” Id. at 12-13. Further, in contrast to the public outcry over fracking, the environmental groups note that the emissions from oil and gas development in L.A. are associated with “traditional drilling,” not necessarily hydraulic fracturing. The Complaint also addresses the alleged risks of acidizing and gravel packing techniques, though.
Continue Reading Environmental Justice Lawsuit Accuses L.A. of Discriminatory Oil Permitting

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not violate the California Environmental Quality Act (“CEQA”) by beginning construction of the downtown arena. This appeal comes just months after the Third Appellate District rejected the same petitioners’ arguments that expedited CEQA timelines were unconstitutional. (Saltonstall et al., v. City of Sacramento, No. C077031 (Cal. Ct. App. 3rd Dist., Nov. 20, 2014) (Saltonstall I).)
Continue Reading Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

On Thursday, Feb. 19, the Center for Biological Diversity (“CBD”) filed suit against the Bureau of Ocean Energy Management (“BOEM”), the Bureau of Safety and Environmental Enforcement (“BSEE”), and the Department of the Interior (“DOI”) in the U.S. District Court for the Central District of California. (CBD v. Bureau of Ocean Energy Management et al., Case No. 2:15-cv-01189.) The complaint alleges that the federal agencies issued permits for drilling off the coast of California without adequate environmental review. Specifically, CBD claims that the federal government violated the Outer Continental Shelf Lands Act, the National Environmental Policy Act, and the Coastal Zone Management Act “without analyzing fracking pollution’s threats to ocean ecosystems, coastal communities and marine wildlife, including sea otters, fish, sea turtles and whales.” (CBD Press Release, Feb. 19, 2015.)
Continue Reading Center for Biological Diversity Files Complaint Against Federal Agencies to Halt Offshore Fracking in California

In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water Districts) conclusion that their approval of the 2012 interim renewal contracts with the U.S. Bureau of Reclamation (Bureau) for Central Valley Project (CVP) water was statutorily and categorically exempt from CEQA.  We consider the historical context of the Water Districts’ contracts along with the significance of the Court’s ruling below.Continue Reading CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements