Opinion
S271869
01-26-2022
CHEVRON U.S.A. v. COUNTY OF MONTEREY (Protect Monterey County)
The petition for review is granted.
Pending review, the opinion of the Court of Appeal, which is currently published at 70 Cal.App.5th 153, 285 Cal.Rptr.3d 247, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)
The parties are ordered to brief the following issue: Does Public Resources Code section 3106 impliedly preempt provisions LU-1.22 and LU-1.23 of Monterey County's initiative "Measure Z"?
Corrigan, J., was recused and did not participate.
Votes: Cantil-Sakauye, C.J., Liu, Kruger and Jenkins, JJ.