Shabazian

BACKGROUND

CalGEM is responsible for protecting health and safety while simultaneously promoting oil and gas operations. (§ 3106.) Through the EPA, it is also charged with protecting drinking water from leaks associated with oil operations. In 2011, an EPA audit found CalGEM deficient in its role to protect drinking water. In the same year, an oil worker was killed by a surface expression. CalGEM responded with a “third-party” review for “compliance” with the EPA’s expectations. The review found, among other things, CalGEM lacked resources and staff “to initiate adequate numbers of compliance/enforcement actions.” Separately, CalGEM recognized its “current regulations [did] not specifically address or prohibit surface expressions,” “although … a surface expression [was] indicative of … rates and pressures above safe levels and” operations not remaining confined to their approved zone.

5 CalGEM also requested us to judicially notice a document already contained in the record. Because it is already in the record, we deny the request in the disposition.

3. A few years later, CalGEM promulgated new regulations. The regulations at issue in this case are California Code of…