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CA: State violated law in passing greenhouse gas plan (enacted rules w/o complete CEQA review)
SFGate.com ^ | 2/3/11 | Wyatt Buchanan

Posted on 02/03/2011 5:42:11 PM PST by NormsRevenge

Sacramento -- The California Air Resources Board violated state environmental law in 2008 when it adopted a comprehensive plan to reduce greenhouse gases and again last year when it passed cap-and-trade regulations, a San Francisco Superior Court judge has ruled in a tentative decision.

If the decision is made final, California would be barred from implementing its ambitious plan to combat global warming until it complies with portions of the California Environmental Quality Act, though it's not yet clear what the air board would have to do to be in compliance. The state's plan, which implements AB32, the Global Warming Solutions Act of 2006, would reduce carbon emissions to 1990 levels by 2020.

The Air Resources Board and those who brought the lawsuit, a variety of environmental justice groups represented by The Center on Race, Poverty and the Environment, a San Francisco organization, have until Tuesday to respond before the court makes a final ruling.

In his decision, Superior Court Judge Ernest Goldsmith ruled that the air board approved the larger plan to implement AB32 prior to completing the required environmental review and that the board failed to adequately consider alternatives to cap and trade.

The Air Resources Board "seeks to create a fait accompli by premature establishment of a cap and trade program before alternative (sic) can be exposed to public comment and properly evaluated by the ARB itself," Goldsmith found, adding that the air board's "analysis provides no evidence to support its chosen approach."

The judge said the air board's reasoning for approving the larger plan without a complete review" undermines (the state environmental quality act's) goal of informed decision-making."

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Politics/Elections; US: California
KEYWORDS: ab32; california; capandtrade; carb; carbontrade; ceqa; climatechange; globalwarming; globalwarminghoax; greenhousegas; violated

1 posted on 02/03/2011 5:42:14 PM PST by NormsRevenge
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To: NormsRevenge

The author wrote “passing greenhouse gas”? That is too funny!


2 posted on 02/03/2011 5:44:34 PM PST by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: NormsRevenge

At first I thought this was good news. Further googling shows that the case was brought by a bunch of environmental loons (operating under the name “Association of Irritated Residents”) who seem driven to put California out of business altogether. Heaven forbid that the “trade” part of cap-and-trade would allow some of those evil greenhouse gas ‘polluters’ to still operate in California. They think California should be required to meet all of the stricter emission standards post-haste, not be able to reduce emissions in timbuktoo for exchange.

I should have known when it was a SF court opinion that it couldn’t really be good news.


3 posted on 02/03/2011 6:36:35 PM PST by calcowgirl ("Sapere Aude!" --Immanuel Kant)
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To: Ernest_at_the_Beach; Rurudyne; steelyourfaith; Tolerance Sucks Rocks; xcamel; AdmSmith; ...
The California Air Resources Board violated state environmental law in 2008 when it adopted a comprehensive plan to reduce greenhouse gases and again last year when it passed cap-and-trade regulations, a San Francisco Superior Court judge has ruled in a tentative decision. If the decision is made final, California would be barred from implementing its ambitious plan to combat global warming until it complies with portions of the California Environmental Quality Act, though it's not yet clear what the air board would have to do to be in compliance.
A story like this makes me want to grill endangered whale steaks while leaving a Hummer idling in the driveway. Thanks NormsRevenge.


4 posted on 02/03/2011 6:37:45 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: calcowgirl

They likely were given millions of Dollars in Federal grants under the “Equal Access To Justice” program, all to sue the U.S. government.


5 posted on 02/03/2011 6:41:51 PM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack

That would explain a lot.
They look like professional plaintiffs

http://www.google.com/search?hl=en&source=hp&biw=&bih=&q=%22Association+of+Irritated+Residents%22&btnG=Google+Search


6 posted on 02/03/2011 6:45:56 PM PST by calcowgirl ("Sapere Aude!" --Immanuel Kant)
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To: SunkenCiv

Mmmm... yummy. Where can I get some of those tasty endangered whale steaks ?


7 posted on 02/03/2011 8:16:51 PM PST by farlander (Sic Semper Tyrannis)
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To: NormsRevenge; 11B40; A Balrog of Morgoth; A message; ACelt; Aeronaut; AFPhys; AlexW; ...
DOOMAGE!

Global Warming PING!

You have been pinged because of your interest in environmentalism, alarmist wackos, mainstream media doomsday hype, and other issues pertaining to global warming.

Freep-mail me to get on or off: Add me / Remove me

Please ping me to all note-worthy threads on global warming.

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8 posted on 02/03/2011 8:56:54 PM PST by Tolerance Sucks Rocks (up)
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To: SunkenCiv; NormsRevenge; steelyourfaith; Grampa Dave; SierraWasp; tubebender; Carry_Okie; ...

Argh...reading the headline I thought this was great news....


9 posted on 02/03/2011 9:10:18 PM PST by Ernest_at_the_Beach ( Support Geert Wilders)
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To: Ernest_at_the_Beach
I'm barely able to follow it at this point. Been on the Internet for the past twelve hours plus, in all forms of media.
But what I think I see here, is the law was followed to the tee in your state regarding State Environmental Laws and now are being called on it. Great. And with that Ernest with no disrespect to the issue, my brain is weary ... many CSPAN videos and many sites viewed today. Looks like perhaps, your state is going to go a bit more careful in enacting any environmental laws in the near future.
I gotta hit the rack, please do have a great upcoming day and verify for me for tomorrow if my assumption is correct.
10 posted on 02/03/2011 9:36:25 PM PST by Marine_Uncle (Honor must be earned....Duncan Hunter Sr. for POTUS.)
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To: Marine_Uncle

Heading to bed myself....


11 posted on 02/03/2011 10:41:51 PM PST by Ernest_at_the_Beach ( Support Geert Wilders)
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To: SunkenCiv; Ernest_at_the_Beach; Fiddlstix; Fractal Trader; FrPR; enough_idiocy; meyer; Normandy; ...
Thanx SunkenCiv & Ernest_at_the_Beach !

 


Beam me to Planet Gore !

12 posted on 02/04/2011 2:45:48 AM PST by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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To: farlander

Hmm. I think they’re on the bottom shelf, right behind the Harp seal burger.


13 posted on 02/04/2011 6:14:23 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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