BAKERSFIELD, Calif. (KBAK/KBFX) Senate Bill 1137, enacted in June 2024, has sparked a legal battle over its constitutionality.
The bill establishes a 3,200-foot health protection zone around homes, schools, hospitals, and other sensitive locations, banning oil drilling within these areas.
Jeff Jennings, an attorney with the Pacific Legal Foundation, argues that the law is unconstitutional, claiming it violates private property rights.
Legal battle over California’s SB 1137 pits property rights against public health (Photo by Brandon Bell/Getty Images)
“SB 1137 is unconstitutional. It violates private property rights, so that’s why we brought this case,” Jennings said.
He represents clients with mineral rights near homes within the restricted zone, asserting that the inability to use these minerals constitutes a “taking under the Fifth Amendment of the US Constitution.”
Supporters of the law argue that it is essential for protecting communities from pollution that can cause respiratory illnesses and birth defects.
Legal battle over California’s SB 1137 pits property rights against public health{ }(Photo by Ezra Acayan/Getty Images)
An official from Gov. Gavin Newsom’s office defended the legislation, stating, “SB 1137 creates a science-based buffer zone so kids can go to school, families can live in their homes, and communities can exist without breathing toxic fumes from oil wells that cause asthma, birth defects, and cancer. California will continue to defend our communities.”
Jennings countered, “The law doesn’t prevent you from building a home next to an oil well. It’s only applied against the oil industry. Which really just shows there’s a deeper motivation to wipe out the oil industry.”
Legal battle over California’s SB 1137 pits property rights against public health (AP Photo/Matthew Brown, File)
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The legal challenge highlights the ongoing tension between environmental protection and property rights in California.