Lawsuit Filed Over Fracking In California

New lawsuit seeks to compel regulators to enforce existing state law that protects people.

Published on: Feb 6, 2013

A new lawsuit says state regulators have allowed hydraulic fracturing, or fracking, to expand in California without legally required oversight.

The lawsuit, filed in Alameda County Superior Court by the Center for Biological Diversity, seeks to compel regulators to enforce existing state law that protects people and the environment from underground injections carried out by the oil and gas industry.

In a news release, the Center for Biological Diversity says the state has yet to regulate or even monitor the controversial practice of fracking, which involves injecting water and industrial chemicals, mixed with sand, at high pressure into shale formations to release previously inaccessible stores of natural gas or oil. The water-intensive and controversial process has expanded in many areas of the country, raising concerns about impacts on drinking water supplies.

The Center for Biological Diversity says California has yet to regulate or even monitor the controversial practice of fracking.
The Center for Biological Diversity says California has yet to regulate or even monitor the controversial practice of fracking.

"A looming fracking boom threatens to transform California, creating serious pollution risks to our air, water and climate," says the center's Vera Pardee. "Existing rules clearly cover fracking, but state officials don't regulate or even track this dangerous way of extracting oil and gas. The state needs to stop ignoring the law and start protecting our environment."

According to the center, more than 600 wells in at least nine California counties were fracked in 2011 alone. Recent advances in fracking techniques are driving a growing interest in the Monterey Shale, a geological formation holding an estimated 15 billion barrels of oil.

California's existing oil and gas regulations cover all forms of underground injection and clearly apply to fracking, the center says in its release. While fracking was exempted from the federal Safe Drinking Water Act in 2005, no such exemption exists in California law, the center says.

The California Division of Oil, Gas, and Geothermal Resources (DOGGR) released a "discussion draft" of regulations for fracking in December says a more formal rulemaking process will begin in 2013.More on the discussion draft is here.

According to the Center for Biological Diversity, compliance with California's existing oil and gas regulations would require disclosure of all fracking chemicals, as well as engineering studies and tests to evaluate the potential for underground migration of fracking fluids. State regulators would also need to ensure that fracking is conducted in a way that prevented, as far as possible, damage to life, health, property, and California's water and other natural resources.