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PLUM recommends repeal of 2022 oil‑and‑gas ban ordinance after court ruling; planning to craft new ordinance under state law
Summary
Committee approved recommending repeal of the 2022 ordinance that prohibited new oil and gas extraction in city zones following a superior court ruling and subsequent state legislation; planning staff said a new ordinance will be prepared under AB 3233 protections.
The committee recommended that the City Council adopt an ordinance rescinding Ordinance No. 187709, the 2022 municipal ordinance that prohibited new oil and gas extraction and made existing extraction a nonconforming use.
City Attorney Jennifer Topkin explained the background: after the council enacted the ordinance in December 2022, multiple lawsuits followed. A Los Angeles Superior Court judge ruled in September that the ordinance was preempted by state law. The Legislature then enacted AB 3233 (referred to in the hearing), which alters the preemption analysis and allowed the parties to enter a stipulated judgment. Under that stipulation, the city agreed to comply with the court order and rescind the prior ordinance, while retaining the option to adopt a new ordinance under the protections of AB 3233.
Topkin asked the committee to recommend that council adopt the rescission ordinance prepared by the City Attorney’s office. Planning staff is preparing a new ordinance and will make an announcement and follow up soon, staff said.
The committee voted 4‑0 to recommend rescission and to allow the city attorney and planning department to proceed with drafting a new regulatory approach under the state law framework.
