California Residents Challenge State Oil Well Buffer Law (1)

Two California residents are challenging a state law that bans drilling new oil and gas wells within 3,200 feet of certain areas, alleging unlawful hurdles burdening mineral rights owners.

The state law, SB 1137, “effectuates an uncompensated taking” of private property under the Fifth Amendment and “must be enjoined,” said the suit filed Tuesday with the US District Court for the Central District of California.

“California unfairly requires mineral estate owners to bear the burden of the State’s policy choices regarding climate change,” said siblings John and Melinda Morgan, who inherited mineral rights on and underneath two ...