Goldzband

We are called upon to interpret certain provisions of the Public Resources Code aimed at determining responsibility for the expeditious cleanup of nonfunctioning oil wells.

Procedural History

On February 14, 1995, the Supervisor of the California Division of Oil and Gas (Oil and Gas Supervisor) ordered Wells Fargo Bank (plaintiff), as mineral rights owner, to plug and abandon nine oil wells in Raisin City, Fresno County, pursuant to Public Resources Code sections 3226 and 3237. The order also directed plaintiff to remove debris and other equipment as well as clean up the well sites. Based on the provisions of section 3350, plaintiff appealed the order to the Director of the Department of Conservation (hereafter Director) on February 23, 1995. The Director conducted a hearing de novo as required by section 3351 on April 3, 1995. On May 11, 1995, pursuant to section 3353, the Director issued a decision affirming the order.

Plaintiff filed a petition in Fresno County Superior Court on May 22, 1995, for a “Writ of Administrative Mandamus” under Code of Civil Procedure section 1094.5 or, in the alternative, a “Writ of Certiorari” under section 3354, ordering the Director to…