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文章

2019年2月18日

作者:
Dan Bacher, Central Valley

Appeals Court Rejects Big Oil's Lawsuit Against Youth Groups, LA

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In a victory for environmental justice, a California appeals court on February 15 dismissed the California Independent Petroleum Associations’s (CIPA) lawsuit against youth organizations from South Los Angeles and Wilmington, the Center for Biological Diversity and the city of Los Angeles…The California 2nd District Court of Appeals reversed a previous order by the L.A. Superior Court denying the special motions by the city and the nonprofits to strike the oil industry lawsuit…

The California Independent Petroleum Association (CIPA) filed the suit after the groups won protections against neighborhood oil drilling from the city, according to a press release from the Center for Biological Diversity (CBD), the South Central Youth Leadership Coalition and Youth for Environmental Justice…The youth groups’ attorneys filed an anti-SLAPP motion, calling CIPA’s lawsuit “a classic example of a retaliatory strategic lawsuit against public participation” (“SLAPP Suit”) that violates California law. In an unexpected ruling, the L.A. Superior Court denied the motion. 

The ruling by [the 2ndDistrict Court of Appeals] reversed that decision, siding with the groups and dismissing the Petroleum Association’s suit as having “no probability of prevailing.” “Because Memorandum 133 does not expand the City’s discretionary authority to make decisions about drilling, redrilling or modification of existing conditions, CIPA cannot show the measure implicates any property rights of its owners,” Judge Green ruled. “Without such an impact, CIPA has no probability of prevailing on its claim that due process requires voiding the settlement between the City and the Nonprofits and compelling further litigation of Nonprofits’ case to a termination of merits.” Judge Green also said the decision “obliterates any claim CIPA might have for attorney fees and its appeal of the order is accordingly moot." CIPA had requested nearly three-quarters of a million dollars in attorneys’ fees from the city and groups…

属于以下案件的一部分

USA: Court dismisses strategic lawsuit brought by association representing oil & gas producers against nonprofits advocating for non-discriminatory drilling requirements

California Independent Petroleum Association lawsuit (re change in drilling permissions, USA)