Monterey County conservation group appeals new decision on Measure Z

The people of Monterey County voted strongly in support of Measure Z, but months later most of it was deemed invalid. Two years ago, Measure Z passed, restricting much of what oil companies can do with the land in Monterey County, but those oil companies pushed back with lawsuits.

Despite a nearly six million dollar campaign to stop it, Measure Z passed with 56% of the vote two years ago. The measure put restrictions into place on local land use that prohibit drilling new oil and gas wells, phasing out wastewater disposal and banning fracking. not long after, six lawsuits were filed by oil companies that challenged Measure Z, effectively suspending it’s implementation by a Monterey County Superior Court Judge. This week, the conservation group “Protect Monterey County” filed an appeal to the judge’s decision.

“We’re prepared to take it all the way, you know? It’s a marathon. And we’re confident that California law will allow counties and cities to protect their citizenry, to enact environmental regulations using their land use authority, so we’re convinced we’re going to win,” said Protect Monterey County Head of Legal Committee Andy Hsia-Coron.

“We have said from the very beginning that Measure Z cannot be lawfully applied. When you go in and you take someone’s business from them, essentially what Measure Z did for us, that’s considered a taking, and you can’t take someone’s business without proper compensation. So that’s where the lawsuits started to come in is making sure that we can protect our rights to lawfully operate as a business,” said Aera Energy Monterey County Public Affairs Representative Kathy Miller.

Two-thirds of Measure Z were suspended by the Monterey County Superior Court Judge, leaving the ban on fracking and acidizing in place. However, the ruling did invalidate Measure Z’s prohibition on new wells and phaseout of wastewater disposal, concluding that they were preempted by state and federal law.

Currently there’s no timeline as to when Protect Monterey County’s appeal will be heard in court, but we’ll keep you updated as we learn more.