On July 16, 2015, the Alameda County Superior Court of California denied a motion for a preliminary injunction against the California Department of Conservation seeking to vacate the Aquifer Exemption Compliance Schedule regulations adopted at the end of this April. The California Department of Conservation adopted the regulations on a temporary basis by emergency rulemaking.
On May 7, 2015, two environmental groups, the Center for Biological Diversity and the Sierra Club, sued the California Department of Conservation seeking to invalidate the Aquifer Exemption Compliance Schedule Regulations allowing wastewater injections into federal protected aquifers. This complaint arose from the Department of Conservation’s letter sent to U.S. EPA in which the Department of Conservation confessed to having “approved [in the past] UIC projects in zones with aquifers lacking exemptions.”
On May 14, 2015, the two environmental groups filed a motion for preliminary injunction against the Aquifer Exemption Regulations asking the Superior Court to order the Department of Conservation to take appropriate measures to prohibit illegal well injections into protected aquifers. In the decision denying the preliminary injunction, the Superior Court stated that “the threat of [drinking water aquifers] contamination is theorical.”
Further information on the decision is available by searching for docket no. RG15769302 on the Alameda County Superior Court of California website at:
Written by Chloe Marie - Research Fellow