Environmentalists Win Major Fracking Lawsuit in California

Environmentalists scored a major victory in federal court in their battle against fracking in California when a judge ruled that the BLM violated NEPA by not requiring an environmental review prior to auctioning rights for drilling in Monterey Co.

2 minute read

April 12, 2013, 10:00 AM PDT

By Irvin Dawid


Virginia Hennessey writes about the decision by U.S. Magistrate Judge Paul Grewal in San Jose, made public April 7.

Grewal faulted the Bureau of Land Management for not reviewing the potential impacts caused by fracking before accepting bids for the drilling rights, in accordance with the National Environmental Policy Act.

The law suit against BLM had been brought by the Center for Biological Diversity (see press release) and the Sierra Club.

"This is a watershed moment — the first court opinion to find a federal lease sale invalid for failing to address the monumental dangers of fracking", proclaimed Brendan Cummings, senior counsel at the Center for Biological Diversity

Hennessey writes that the ruling will have far-reaching effects on fracking in what is believed to be the shale basin holding the most oil in the U.S.

While the ruling directly affects lease sales on only about 2,500 acres in south Monterey County, the lawsuit's co-plaintiffs are poised to sue over 17,000 acres that BLM subsequently auctioned off in December 2012 while Grewal's ruling was pending.

In addition to the litigation, "Monterey County Supervisors Dave Potter and Simon Salinas were two of the local representatives who sought the delay of the 2012 lease sales.

"This puts the brakes on and forces everyone to do more environmental review," said Salinas, adding that it may provide time for passage of state legislation to ensure safety.

On those lines, Jeremy B. White of the Sacramento Bee writes that one such bill that "would require the energy industry to disclose more information about the amount of water and types of chemicals it uses" cleared the state senate on April 9.

Sen. Fran Pavley, D-Agoura Hills, the author of Senate Bill 4, called it a needed mechanism for holding the energy industry accountable.

Monday, April 8, 2013 in The Monterey County Herald

Sweeping view of Portland, Oregon with Mt. Hood in background against sunset sky.

Oregon Passes Exemption to Urban Growth Boundary

Cities have a one-time chance to acquire new land for development in a bid to increase housing supply and affordability.

March 12, 2024 - Housing Wire

Aerial view of green roofs with plants in Sydney, Australia.

Where Urban Design Is Headed in 2024

A forecast of likely trends in urban design and architecture.

March 10, 2024 - Daily Journal of Commerce

Cobblestone street with streetcar line, row of vintage streetlights on left, and colorful restaurant and shop awnings on right on River Street in Savannah, Georgia.

Savannah: A City of Planning Contrasts

From a human-scales, plaza-anchored grid to suburban sprawl, the oldest planned city in the United States has seen wildly different development patterns.

March 12, 2024 - Strong Towns

Aerial View of Chuckanut Drive and the Blanchard Bridge in the Skagit Valley.

Washington Tribes Receive Resilience Funding

The 28 grants support projects including relocation efforts as coastal communities face the growing impacts of climate change.

March 18 - The Seattle Times

Historic buildings in downtown Los Angeles with large "Pan American Lofts" sign on side of building.

Adaptive Reuse Bills Introduced in California Assembly

The legislation would expand eligibility for economic incentives and let cities loosen regulations to allow for more building conversions.

March 18 - Beverly Press

View from above of swan-shaped paddleboats with lights on around artesian fountain in Echo Park Lake with downtown Los Angeles skylien in background at twilight.

LA's Top Parks, Ranked

TimeOut just released its list of the top 26 parks in the L.A. area, which is home to some of the best green spaces around.

March 18 - TimeOut

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.