Oil Companies and Monterey County hit the courtroom for Measure Z trial

Phase one of the Measure Z lawsuit began today.

In December of 2016, Aera Energy filed a lawsuit in Monterey County Superior Court against the County of Monterey in response to the passage of Measure Z, the ballot measure that will shut down oil production in the county.

Aera says for purposes of expedience, the court has consolidated Aera’s lawsuit with five additional lawsuits, all of which will be presented simultaneously during this first phase hearing.

Monterey County Superior Court Judge Thomas Wills has determined that the Measure Z issues will be heard in multiple phases. Phase one, beginning on Nov. 13, will include a set of preliminary issues that test broad legal theories and complex legal issues.
The first phase will hear five different actions, with the majority of the time spent on:

State and federal preemption: focusing on whether or not state and federal regulation of oil and gas operations preempt the restrictions of Measure Z, rendering it unenforceable. Facial takings: determining the overall validity of Measure Z by focusing on whether Measure Z, as written, is inherently unconstitutional

Prior to this hearing, in accordance with Judge Wills’ scheduling order, plaintiffs, defendants and interveners have filed a series of court briefs for the judge’s review. The upcoming hearing will be provide the attorneys an opportunity to defend their positions in court.

There will be no jury and no witnesses for phase one. The judge has not indicated when he will issue a ruling, which may come days, weeks or months after the hearing.

KION will have the latest at 5 and 6.