Rights of Old Oil Do Not Trump Needs of New Residents; Related CEQA Lawsuit
Against LA County Set for April 5th Trial
LOS ANGELES–(Business Wire)–
Greenberg Glusker today announced that the Los Angeles Superior Court has upheld
the right of its client, the City of Culver City, California, to regulate
expansion and intensification of new oil well drilling in order to protect its
residents. In an order issued March 26, 2010, Judge James Chalfant rejected a
challenge by an oil company, Plains Exploration & Production Company (PXP),
which sought a writ of mandate invalidating the City`s moratorium on new
drilling. The City had issued the temporary ban to allow it time to develop
proper regulations for new drilling to address health issues, including concerns
arising out of residents` reports of noxious fumes originating from drilling in
the Inglewood oil field in 2006.
Denying the writ of mandate, the court ruled that, despite an 85-year history of
oil field drilling in the Baldwin Hills area, the energy company does not have
an “absolute right to drill” and the City “remains free to condition or even
refuse to grant new drilling permits.” Culver City`s population has increased
dramatically since oil drilling began there.
“By ruling that cities can do more to protect their citizens than just enforce
fire and building regulations, the Court strengthened Culver City`s ability to
balance the needs of all its constituents – residents, leaseholders, and
landowners,” said Garrett L. Hanken, the Greenberg Glusker Partner who was lead
trial counsel for the City. Hanken`s extensive experience in environmental and
land use litigation includes resolving politically sensitive disputes among real
estate developers, government entities and regulatory authorities, and local
residents.
Other Greenberg Glusker attorneys who participated in the mandate proceeding
include David Cranston, who chairs the Firm`s Environmental Group and Climate
Change & Sustainability Group, Christopher Foster, Sedina L. Banks and Jenna
Guggenheim.
Cranston is lead counsel for Culver City in an upcoming related California
Environmental Quality Act (CEQA) challenge to the environmental impact report
(EIR) certified by Los Angeles County in connection with PXP`s plans for new
drilling in the portion of the oil field within the County`s jurisdiction. The
matter is scheduled for trial on April 5, 2010, and will also be heard by Judge
Chalfant. Culver City is joined in the lawsuit by several community activist
groups, Community Health Councils, Inc., National Resources Defense Council,
Citizens Coalition For a Safe Community, and Concerned Citizens of South Central
Los Angeles.
“The issues involved in the Culver City lawsuits – vested rights, old uses
versus new urbanization, conflicts between property rights and environmental,
health, and safety concerns – are tensions facing many cities today. Greenberg
Glusker`s Environmental Group plays a leading role in these cases that are
determining the future quality of life in local communities,” said Greenberg
Glusker Managing Partner Norman H. Levine. “We congratulate the entire Greenberg
Glusker team for this significant victory.”
Greenberg Glusker
Jonathan Fitzgarrald, 310-785-6864
JFitzgarrald@greenbergglusker.com
Copyright Business Wire 2010