Motion-Secondary: AERA ENERGY LLC VS GAVIN NEWSOM, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF CALIFORNIA ET AL

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                                1   ROB BONTA
      Attorney General of California
 2   NORMA N. FRANKLIN (SBN 266827)
      Supervising Deputy Attorney General
 3   LEENA M. SHEET (SBN 235415)
     JACKIE VU (SBN 253533)
 4   ELISE K. STOKES (SBN 288211)
     AMANDA B. JOHNSON (SBN 303457)
 5   STEVEN W. KERNS (SBN 333983)
     DAVID WHITE (SBN 351263)
 6    Deputy Attorneys General
       300 South Spring Street, Suite 1702
 7     Los Angeles, CA 90013-1230                                  Exempt From Filing Fees Pursuant
       Telephone: (213) 269-6023                                         to Gov. Code § 6103
 8     Fax: (916) 731-2121
       E-mail: Steven.Kerns@doj.ca.gov
 9
     Attorneys for Defendant and Respondent
10   Governor Gavin Newsom

11                        SUPERIOR COURT OF THE STATE OF CALIFORNIA

12                                           COUNTY OF KERN

13                                                     CASE NO.: BCV-22-100748
      CHEVRON U.S.A. INC.,
14                            Petitioner and Plaintiff, [PROPOSED] ORDER GRANTING
15                                                      GOVERNOR GAVIN NEWSOM’S MOTION
                    v.                                  FOR SUMMARY JUDGMENT AND/OR
16                                                      SUMMARY ADJUDICATION
      GAVIN NEWSOM, in his official capacity
17    as Governor of California; CALIFORNIA            (Filed Concurrently with Motion for Summary
      DEPARTMENT OF CONSERVATION,                      Judgment and Separate, Statement of Undisputed
18    GEOLOGIC ENERGY MANAGEMENT                       Material Facts, Request for Judicial Notice, and
      DIVISION, a State agency; GABE                   Supporting Evidence)
19    TIFFANY, in his official capacity as Interim
      State Oil and Gas Supervisor; and DOES 1       Date:              June 20, 2024
20    through 25, inclusive,                         Time:              8:30 a.m.
                                                     Dept:              H
21                       Respondents and Defendants. Judge:             The Honorable Bernard C.
                                                                        Barmann, Jr.
22                                                         Trial Date: October 14, 2024
                                                           Time:        9:00 a.m.
23                                                         Action Filed: March 17, 2022
                                                                         March 30, 2022
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                                                       1
         [Proposed] Order GRANTING Motion for Summary Judgment and/or Summary Adjudication (BCV-22-100748)
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     AERA ENERGY LLC, a California limited
 2   liability company,

 3                            Petitioner and Plaintiff,

 4                  v.

 5
     GAVIN NEWSOM, in his official capacity
 6   as Governor of California; CALIFORNIA
     DEPARTMENT OF CONSERVATION,
 7   GEOLOGIC ENERGY MANAGEMENT
     DIVISION, a State agency; GABE
 8   TIFFANY, in his official capacity as interim
     State Oil and Gas Supervisor; and DOES 1
 9   through 25, inclusive,

10                       Respondents and Defendants.

11   WESTERN STATE PETROLEUM
     ASSOCIATION,
12
                            Petitioner and Plaintiff,
13                         v.
14   GAVIN NEWSOM, in his official capacity
     as Governor of California; CALIFORNIA
15   DEPARTMENT OF CONSERVATION,
     GEOLOGIC ENERGY MANAGEMENT
16   DIVISION, a State agency; GABE
     TIFFANY, in his official capacity as Interim
17   State Oil and Gas Supervisor; and DOES 1
     through 25, inclusive,
18                    Respondents and Defendants.
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                                                          2
        [Proposed] Order GRANTING Motion for Summary Judgment and/or Summary Adjudication (BCV-22-100748)
 1        The Motion for Summary Judgment of respondent Governor Gavin Newsom came on

 2   regularly for hearing on June 20, 2024 at 8:30 a.m. before the Honorable Bernard C. Barmann, Jr.

 3   in Department H of the above-entitled court located at 1215 Truxtun Avenue, Bakersfield,

 4   California 93301. After consideration of the moving and opposing papers, supporting exhibits,

 5   oral argument of counsel, and the evidence presented, the Court orders as follows:

 6        (1)    The Governor’s motion for summary judgment on petitioners Chevron U.S.A. Inc.

 7   (“Chevron”) and Aera Energy LLC’s (“Aera”) First Amended Petition and Complaint and

 8   Western States Petroleum Association (“WSPA”) (collectively, “Petitioners”) Second Amended

 9   Petition and Complaint in favor of respondent Governor Newsom and against Petitioners is

10   GRANTED.

11        [IN THE ALTERNATIVE:]

12        (1)(a) The Governor’s motion for summary judgment/adjudication is GRANTED on

13   Chevron and Aera’s “First Cause of Action for Petition for Writ of Traditional Mandamus (Code

14   Civ. Proc., § 1085), or, in the alternative, Administrative Mandamus (Code Civ. Proc., §

15   1094.5).”

16        (1)(b) The Governor’s motion for summary judgment/adjudication is GRANTED on

17   WSPA’s “First Cause of Action” for “No-WST Policy Violates Public Resource Code—

18   Declaratory Relief (Code Civ. Proc., § 1060).”

19        (1)(c) The Governor’s motion for summary judgment/adjudication is GRANTED on

20   Chevron and Aera’s “Second Cause of Action for Declaratory Relief (Code Civ. Proc., § 1060).”
21        (1)(d) The Governor’s motion for summary judgment/adjudication is GRANTED on

22   WSPA’s “Second Cause of Action” for “No-WST Policy Violates Separation of Powers and is

23   Ultra Vires—Declaratory Relief (Code Civ. Proc., § 1060).”

24        (1)(e) The Governor’s motion for summary judgment/adjudication is GRANTED on

25   Chevron and Aera’s “Third Cause of Action” for “Declaratory Relief (Code Civ. Proc., § 1060) –

26   Violation of the Administrative Procedure Act (Gov. Code, § 11340 et seq.).”
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                                                      3
        [Proposed] Order GRANTING Motion for Summary Judgment and/or Summary Adjudication (BCV-22-100748)
 1        (1)(f) The Governor’s motion for summary judgment/adjudication is GRANTED on

 2   WSPA’s “Third Cause of Action” for “No-WST Policy Violates the Administrative Procedure

 3   Act—Declaratory Relief (Code Civ. Proc., § 1060 and Gov. Code § 11350),”

 4        (1)(g) The Governor’s motion for summary judgment/adjudication is GRANTED on

 5   Chevron and Aera’s “Fourth Cause of Action” for “Petition for Writ of Traditional Mandamus

 6   (Code Civ. Proc., § 1085), or, in the alternative, Administrative Mandamus (Code Civ. Proc., §

 7   1094.5) – Violation of the Administrative Procedure Act (Gov. Code, § 11340 et seq.),”

 8        (1)(h) The Governor’s motion for summary judgment/adjudication is GRANTED on

 9   Chevron and Aera’s “Fifth Cause of Action” for “Declaratory Relief (Code Civ. Proc., § 1060) –

10   Violation of the Permit Streamlining Act (Gov. Code, § 65920 et seq.).”

11        (1)(i) The Governor’s motion for summary judgment/adjudication is GRANTED on

12   WSPA’s “Fifth Cause of Action” for “Writ of Mandate (Traditional)—Code of Civ. Proc [sic] §

13   1085.”

14        (1)(j) The Governor’s motion for summary judgment/adjudication is GRANTED on

15   WSPA’s “Sixth Cause of Action” for “Petition for Writ of Traditional Mandamus (Code Civ.

16   Proc., § 1085), or, in the alternative, Administrative Mandamus (Code Civ. Proc., § 1094.5) –

17   Violation of the Permit Streamlining Act (Gov. Code, § 65920 et seq.).”

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     IT IS SO ORDERED.
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25   Dated:
                                                          The Honorable Bernard C. Barmann, Jr.
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        [Proposed] Order GRANTING Motion for Summary Judgment and/or Summary Adjudication (BCV-22-100748)