Frustration continues over Measure Z fracking ban changes
The group Protect Monterey County says the fight to stop oil production isn’t over.
“It is not compatible with what this county is about,” Andy Hsia-Coron, Head of PMC Legal Committee, said.
This has to do with Measure Z, the 2016 rule passed by voters to ban fracking and new oil and gas development.
A judge, last year, struck down part of the measure restricting new oil and gas development. The Monterey County Board of Supervisors then settled with energy companies after related on-going legal battles. They cited too big a risk with an expected 36 million dollar budget deficit.
The anti-oil group was unhappy with this decision.
“The supervisors need to stop listening to corporations,” one speaker said. Hsia-Coron added, “It is our understanding that legal benefits are only recoverable when you make a lawsuit in the public interest. The oil industry was pursuing their profits.”
I met with with County’s attorney, Charles McKee, Tuesday. He says the possibility of legal action is greater than PMC claims.
“No one knows at this point whether the attorney’s fees would or would not be awarded,” McKee tells KION. “Something called an unconstitutional taking of property without compensation. At least one of
the plaintiffs in this case was successful with Judge Wills’ decision.”
Protect Monterey County feels abandoned in this fight, saying the Board isn’t respecting the will of the voters to stop future oil production.
“They will not stand up for what the people decided. Will not stand up for the will of the people. Will not protect our water health and future,” Hsia-Coron said during Tuesday’s press conference.
Monterey’s San Ardo field, one of the largest in California, with more than 600 producing wells, makes the county the 4th largest oil producing county in the state.
But there is still no fracking. Something Supervisor Luis Alejo says they have and will defend.
“We have spent substantial resources that we really didn’t have,” Alejo said. We were able to preserve our ability to protect the most important part (of measure Z), which is what they campaigned (for), to not have fracking here in Monterey County.”
But PMC, unpleased, says if the county remains uninvolved, they will appeal the decision, and try to stop oil production themselves.
“The next step is it’s going to go to an appellate court in the San Jose area,” Hsia-Coron said. “Even if we prevail at that level, the oil industry will not honor that decision and ultimately this may very well be heard by the California Supreme Court.
Hsia-Coron says this could happen within a year.
As for efforts from the Monterey County Board of Supervisors, Alejo says they have already spent omre than one million dollars in legal fees, before the settlement. And McKee tells KION there is a different route they can take to curb oil drilling, saying they are working on a plan to ban oil drilling north of King City, by looking at zoning.
