Supervisors plan response to Measure Z lawsuits

Monterey County has until the end of this week to respond to Chevron and Aera Energy’s two lawsuits over Measure Z, the voter-approved initiative that bans fracking, new wells, and other oil extraction methods in Monterey County.

On Tuesday, supervisors met in a closed door session, something that concerns Protect Monterey County, the proponents of the measure. The group wants all future discussions about the measure to be held in public session.

“Those decisions about litigation can certainly happen behind closed doors according to the law, but the implementation–which means the making of measure Z into an ordinance–is not subject to closed doors. It is, according to the Brown Act, must be done in public and the making of a secret agreement to suspend measure Z is not within the closed door privilege,” said Beverly Bean of Protect Monterey County.

Measure Z was supposed to take effect on December 23, 2016 but most of it is on hold. Fracking is still banned, even though it has never been done in Monterey County.

Oil companies still have five years to figure out what to do with wastewater, a by-product of extraction.

While litigation is presently a concern, the County also has to figure out implementation.

“The processes are going to play out,” said Charles McKee, Monterey County Counsel. “We’re going to have public hearings on what the implementation will be. That will take some time but it will come soon and we look forward to all the collaboration and assistance that we can get, because like I said, they have very deep pockets and we’re going to need the assistance. We welcome it and we’re going to move forward.”

Protect Monterey county says it’s ready to join the fight.

“We want to work with the county to defend measure Z against the oil companies,” said Bean. “That’s our goal. We don’t want to be involved against Monterey County. We are Monterey County.”