Tomorrow morning, the Supreme Court will file its opinions in Chevron U.S.A., Inc. v. County of Monterey and Turner v. Victoria. (Briefs here; oral argument videos here and here.)
The opinions will leave two undecided cases from the six-case late-May calendar. Decisions in the remaining two cases are expected by August 21. There’s still one opinion outstanding for the nine cases argued in early-May — because of post-argument briefing, the opinion in People v. Martinez isn’t due until August 28.
When the court granted review in the Chevron case in January 2022, it ordered the parties to brief: “Does Public Resources Code section 3106 impliedly preempt provisions LU-1.22 and LU-1.23 of Monterey County’s initiative ‘Measure Z’?” At stake is whether a county ordinance can prohibit “land uses in support of” oil and gas wells and fracking in unincorporated parts of the county. Justice Carol Corrigan is recused; Fourth District, Division Two, Court of Appeal Justice Michael Raphael is sitting pro tem in her place.
In Turner, the issues are: (1) Does a director or officer of a California nonprofit public benefit corporation who brings an action under Corporations Code sections 5142, 5223, and/or 5233 for breach of charitable trust and/or improper conduct by directors of the trust lose standing to continue litigating the claims if he or she does not remain a director during the litigation? (2) Does the “continuous ownership” requirement of Corporations Code section 5710 for shareholder derivative standing in the for-profit context apply to derivative standing of members of a nonprofit public benefit corporation? The court granted review in November 2021.
The opinions can be viewed tomorrow starting at 10:00 a.m.
