California - Oil & Gas

摘要

In Vaquero Energy, Inc. v. County of Kern, 255 Cal. Rptr. 3d 221 (Ct. App. 2019), two operators challenged Kern County's permitting process for oil and gas exploration, drilling, and production on split-estate land (i.e., where different owners hold the surface rights and the mineral rights). On certain split-estate lands, the County can issue a permit through a seven-day process if the operator obtains the surface owner's approval of a site plan showing the location of proposed wells, roads, pipelines, and other infrastructure. Id. at 226. If the operator cannot obtain the surface owner's approval of the site plan, then the County issues the permit through a 120-day process. Id. If the County issues the permit without the surface owner's approval, then the County also requires the operator to pay for on-site monitoring for compliance with the site plan. Id. at 227. A permit issued under the seven-day process does not require on-site monitoring because the surface owner has approved the site plan. Id.