On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”), challenging the regulators’ decision to approve an aquifer exemption for the Arroyo Grande oil field.  In its latest lawsuit against DOGGR, filed in the Superior Court for the City and County of San Luis Obispo, CBD alleges that DOGGR and the Water Board failed to conduct environmental review, in violation of the California Environmental Quality Act (“CEQA”).  In order to appreciate the claims in the case, some background is necessary.

The Safe Drinking Water Act and Aquifer Exemptions

The federal Safe Drinking Water Act (“SDWA”), 42 U.S.C. §§ 300g et seq., prohibits injection of fluids that may harm human health into an underground source of drinking water.  An “exempt aquifer” is an aquifer for which protection under the SDWA has been waived because the aquifer does not currently serve as a source of drinking water and could not serve as a source of drinking water in the future due to existing mineral production, depth of the aquifer, or existing contamination.  40 C.F.R § 146.4.  In short, an aquifer is exempt from the SDWA when it could not feasibly serve as a source of drinking water.Continue Reading When Will They Ever Learn? CBD Files Another Questionable Lawsuit Against DOGGR