LA judge unsure if he can rule on Porter Ranch gas wells reopening

LOS ANGELES — A judge is mulling the question of whether the superior court can override what Southern California Gas Co. does at the site of the Porter Ranch gas leak.

Los Angeles County Judge John Shepard Wiley on Wednesday held off ruling on nuisance claims at the Aliso Canyon gas facility, deciding he needs to hear from the California Public Utilities Commission, the body that regulates SoCalGas.

Litigation continues at a glacial pace two years after the leak, in which more than 100,000 tons of methane spewed from the gas facility, spawning over 200 negligence lawsuits by the Porter Ranch community, the state and the county. There are 35,000 plaintiffs.

Wednesday’s hearing concerned two lawsuits filed against the gas company by Miller Barondess LLP on behalf of the county. One seeks an order that the gas company install safety shut off valves on each of its wells in the county, and the other seeks to prevent the company from reopening its wells by resuming gas injections.

SoCalGas defense attorneys said state law is clear on barring civil litigation to undercut the regulatory role of the Public Utilities Commission, but the county’s attorney, Skip Miller, said a law passed directly in response to the leak gives power to the judge.

“Is the county right that it has a proper role in trying to address demonstrated hazards within its physical jurisdiction, or is Southern California Gas Company right, that no, these have been matters historically before the PUC,” Wiley told a packed courtroom in the Central Civil West Courthouse.

Wiley did give some indication of how we would rule. “One thing that’s clear from PUC law, historically, is that superior courts have no say in how the PUC does its business,” said Wiley.

This summer, Wiley ruled he had no power to stop the resumed gas injections, stating it was within the purview of the utility regulator. Both the Division of Oil, Gas and Geothermal Resources and the commission gave the green light.

Miller argued Wiley did have the power, citing Senate Bill 380, a state law passed in response to the gas leak to override the commission’s authority.

The state Court of Appeal stayed Wiley’s order the same day, a Friday, and reversed itself over the holiday weekend.

Miller said he believes the case will eventually go up to the state Supreme Court. County of Los Angeles v. California Division of Oil, Gas and Geothermal Resources, BS168381 (L.A. Super. Ct., filed July 17, 2017).

Morgan, Lewis & Bockius LLP defense attorneys are seeking to knock out the county’s nuisance lawsuit, saying the court had no power to tell it what to do.

“California law is clear, however, that the county cannot use civil litigation to usurp the regulatory role of the CPUC,” according to the company’s motion for judgment on the pleadings. People v. Southern California Gas Company, BC628120 (L.A. Super. Ct., filed July 25, 2016).

Wiley said he regretted the delay, but said he needs to hear from all parties. He allowed two months for the filing of new briefs.

“There’s a big earthquake fault going right through this gas field. … We’d like to get this show on the road,” Miller said, who added that the commission thinks it has jurisdiction.

R. Rex Parris, private counsel to the plaintiffs, echoed similar sentiments. “If the city and county is sincere of a threat of an earthquake, and we’re talking two months, that’s not acceptable. My concern is there is no sense of urgency from any of us.”