No-drill zones preserved in deal over county general plan on oil, other concessions made
A deal resolving oil litigation against Ventura County over its general plan relaxes bans on trucking and release of gases, but preserves setbacks of land where drilling of some wells is outlawed.
The details were released Tuesday, a day after the settlement became public when the county's private legal counsel sent the proposed settlement to county Superior Court Judge Matthew Guasco. The judge had earlier granted county officials and oil interests extra time to reach an agreement before setting the date for a trial on the merits of the 3-year-old, costly litigation.
Attorneys for the county and the oil litigants appeared before Guasco Wednesday morning to inform the judge they don't need a trial date because they've reached an agreement.
Aera Energy, Carbon California, the Western States Petroleum Association, royalty owners and other oil interests along with the Ventura County Board of Supervisors have agreed to the terms. The settlement is public but not final because attorneys are still awaiting signatures from a couple royalty owners who are traveling in Alaska. They are expected to sign, said Jeff Barnes, a county attorney working on the deal.
The settlement calls for oil to be transported by pipeline if feasible as opposed to the flat requirement for pipelines in the general plan adopted by the board in the fall of 2020. Trucking would be allowed if operators demonstrate transport by pipeline could not be done.
Similarly, gases from wells must be collected and used or removed for sale or proper disposal only if feasible. If an oil company can show it's not, the gas may be burned or released into the air.
Both of those planks will require amendments to the 2040 general plan guiding land use, resource protection and development in unincorporated areas. The amendments could be presented to the Board of Supervisors as soon as July 25, Barnes said.
The settlement is silent on the new setbacks required in the general plan. They increased to 1,500 feet between new wells and homes and 2,500 feet between new wells and schools, up significantly from the previous limits. The board held firm on the exclusion and no change is proposed to the general plan as a result of the negotiations with oil interests so there's no mention of them in the settlement, Barnes said.
An accompanying resolution requiring approval of the board contains language on how the distance from the wells to the structures must be measured, however.
The settlement applies to rules for drilling of new wells over which county regulators have the power to set conditions, not the large number that could be drilled under decades-old permits with few land-use restrictions.
Supervisors have already reached agreement with farming and labor interests who also sued over the general plan.
Neither the oil plaintiffs not the county admitted fault in the settlement and the parties are responsible for their own attorney fees if the lawsuits are dismissed.
Barnes said the government's costs for legal expenses exceed $1 million.
Kathleen Wilson covers courts, crime and local government issues for the Ventura County Star. Reach her at kathleen.wilson@vcstar.com or 805-437-0271.
This article originally appeared on Ventura County Star: No-drill zones near homes, schools stay in county oil deal
