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Memo to concerned parties from NARO-CA regarding Statement of Decision, Measure Z
A big win for mineral interest owners in Monterey County! The court in Monterey County has spoken in a 51 page statement of decision released late yesterday. Measure Z has been substantially struck down on the basis of pre-emption and takings. The only portion that remains intact is that pertaining to a ban on hydraulic fracturing. Attached is a copy of the decision. After a very quick and preliminary review, following are some of our team’s observations with regards to the Judge Wills’ statement of decision.
The court held that Measure Z’s prohibiting waste water disposal and the prohibition against new wells are preempted in their entirety by both State of California law and the Federal Safe Drinking Water Act. These provisions are therefore ... click here to continue reading.