Ctr. for Biological Diversity v. Dep't of Conservation

Good Law
236 Cal. Rptr. 3d 729·26 Cal. App. 5th 161
Court of Appeal of CaliforniaAugust 14, 2018A149896California7,187 words

Opinion

lead Opinion

Jones, J.

*165 The Center for Biological Diversity (Appellant) sought a writ of mandate directing the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (the Department) to order the *732 immediate closure of oil and gas wells injecting fluids into certain underground aquifers. Appellant argued the Department had a mandatory duty to do so under the federal Safe Drinking Water Act (SDWA or the Act; 42 U.S.C. § 330f et seq. ), federal regulations promulgated pursuant to the Act, and a memorandum of agreement executed by the Department setting forth its responsibilities under the Act. The trial court denied the petition, and we affirm. *166 BACKGROUND

The Safe Drinking Water Act

"The SDWA establishes a federally mandated, state-administered regulatory scheme for the protection of drinking water." ( U.S. v. King (9th Cir. 2011) 660 F.3d 1071 , 1077 ( King ).) The Act includes provisions to protect current or potential underground drinking water sources. ( 42 U.S.C. §§ 300h to 300h-8.) To this end, the Act directs the establishment of statewide programs to control underground injections (underground injection control programs, or UIC programs). 1 ( 42 U.S.C.…

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