The attached order by Kern County Superior Court Judge Bernard C. Barmann Jr.:
- Declares the California Geologic Energy Management Division (“CalGEM”) 2021-2024 policy of denying all well stimulation treatment (WST) permit applications invalid.
- Declares the 2024 Rule (Cal. Code Regs., tit. 14, § 1780, subd. (d)) invalid because CalGEM’s determination that the categorical ban is reasonably necessary is not supported by substantial evidence and lacks a rational connection to the statute’s GHG-reduction purpose.
- Directs CalGEM to set aside the 2024 Rule and the challenged permit denials; reconsider the denied applications; and consider the pending applications under section 3160 and applicable regulations, without reliance on the invalid underground policy or the invalidated Rule.
- The Court does not direct issuance of any permit or impose additional denial-letter or deadline requirements.
The ruling could unlock oil resources in in Kern County’s diatomite formations estimated at up to a billion barrels.
Will this decision have any effect on the dispute related to the California Coastal Commission’s prohibition against the resumption of hydraulic well stimulation at Platform Gilda?
