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 ...
The author wrote “passing greenhouse gas”? That is too funny!
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.
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.
They likely were given millions of Dollars in Federal grants under the “Equal Access To Justice” program, all to sue the U.S. government.
That would explain a lot.
They look like professional plaintiffs
Mmmm... yummy. Where can I get some of those tasty endangered whale steaks ?
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Argh...reading the headline I thought this was great news....
Heading to bed myself....
Hmm. I think they’re on the bottom shelf, right behind the Harp seal burger.
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