Center for Biological Diversity v. Department of Conservation

The Center sought a writ of mandate directing the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The Center argued the Department had a mandatory duty to do so under the federal Safe Drinking Water Act, 42 U.S.C. 330f, federal regulations, and a memorandum of agreement (MOA) executed by the Department setting forth its responsibilities under the Act. The court of appeal affirmed the denial of the petition, first holding that the appeal was not moot, in light of evidence that injections into nonexempt aquifers continued past a 2017 deadline. While the Act is preventative in nature, and injections may be prohibited absent proof that they will harmfully contaminate the aquifer, those principles inform the Department’s performance of its duty to protect drinking water sources but do not, in this unusual case, impose a mandatory duty to immediately cease all injections into nonexempt aquifers, nor do they render the Department’s considered refusal to do so an abuse of discretion. The MOA prohibits the Department from permitting injections into nonexempt aquifers, but the EPA approved a nonsubstantial program revision that temporarily suspended this prohibition in limited, specified circumstances, so the MOA does not entitle the Center to a writ of mandate. View "Center for Biological Diversity v. Department of Conservation" on Justia Law