Committee to Protect Our Agricultural Water; Mike Hopkins; John Wedel v. Occidental Oil and Gas Corporation; Western States Petroleum Association (WSPA); California Independent Petroleum Association (CIPA); Chevron USA Inc.; California Division of Oil, Gas & Geothermal Resources (DOGGR); Edmund G. Brown; Timothy R. Kustic; Mark Nechodom; Lorelei H.
Published: Feb. 25, 2017 | Result Date: Jan. 20, 2017 | Filing Date: Jan. 1, 1900 |Case number: 1:15-cv-01323-DAD-JLT Bench Decision – Dismissal
Court
USDC Eastern
Attorneys
Plaintiff
R. Rex Parris
(Parris Law)
Patricia K. Oliver
(Parris Law Firm)
Alexander R. Wheeler
(Parris Law Firm)
Defendant
Matthew T. Kline
(O'Melveny & Myers LLP)
Christopher R. Rodriguez
(Lewis, Brisbois, Bisgaard & Smith LLP)
Keli N. Osaki
(Manatt Phelps & Phillips LLP)
Dimitri D. Portnoi
(O'Melveny & Myers LLP)
Theodore J. Boutrous Jr.
(Gibson, Dunn & Crutcher LLP)
Joel M. Athey
(Holmes, Taylor, Athey, Cowan & Jones LLP)
Jeffrey Dintzer
(Alston & Bird LLP)
William E. Thomson Jr.
(Brooks Kushman PC)
Kenneth G. Lake
(California Dept. of Justice)
Kristina Azlin
(Holland & Knight LLP)
Facts
The Committee to Protect our Agricultural Water and farmers, Mike Hopkins and John Wedel, filed suit against various oil and gas companies and government entities and officials, in connection with the fresh water supply.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants formed an enterprise to illegally increase oil production and maximize profits and tax revenue by permitting oil companies to inject produced water. This allegedly violated various laws, including the federal Safe Drinking Water Act of 1974.
DEFENDANTS' CONTENTIONS:
In their motions to dismiss, defendants contended, among other things, that plaintiffs' claims were barred by the First Amendment, absolute immunity and qualified immunity, and plaintiffs failed to state a cognizable RICO claim, civil rights claim, and lacked standing.
Result
The court granted defendants' motions, with leave to amend as to some claims and without leave to amend as to others.
Other Information
On Feb. 10, plaintiff voluntarily dismissed their case rather than amending.
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