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California global warming regulations voided by judge
American Thinker ^ | February 4, 2011 | Thomas Lifson

Posted on 02/04/2011 9:33:26 AM PST by jazusamo

California's sweeping plan to institute cap and trade and regulate "greenhouse gases" has been thrown out by a San Francisco judge.

SFGate.com reports:

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. [snip]

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 California Air Resources Board has sweeping powers, and is regarded by many as arrogant. Apparently Judge Goldsmith has found that it acted without due consideration.

Jane Jameson of Uncoverage.net colorfully summarizes:

The propeller-head bureaucrats in the state EPA, the Air Resources Board and the enviro-mentals who passed the "cap and trade" have basically created so god-damned many "green" regulations that no one can keep them all straight and some of the rules are hurting some of the people they are supposed to help.  Duhhhhhhhhhhhh......and just think: hundreds of these geniuses are all drawing state salaries and pensions.  They just spent 10 years creating a legal "cluster-f++k" that a judge is throwing out in one stroke of the pen.  What a typical California scenario!!  Even so.....hugs and KISSES to Judge Ernest Goldsmith, possibly the only judge in the city of San Francisco with any sense at all!!!

There will, of course, be appeals. But the greenies have lost a round, tripped up by the complexity of the process they implemented.



TOPICS: Culture/Society; News/Current Events; US: California
KEYWORDS: ab32; airresourcesboard; california; capandtrade; carb; carbon; climatechange; globalwarminghoax; gorebullwarming; greengovernor; judge; kalifornia
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Kudos to Judge Goldsmith, a sane judge surrounded by leftists.

Lisa Jackson and her EPA should take note of this decision, there just may be some federal judges that agree with Judge Goldsmith.

PS: Jane is not only colorful but accurate.

1 posted on 02/04/2011 9:33:32 AM PST by jazusamo
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To: jazusamo

bttt


2 posted on 02/04/2011 9:36:15 AM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: steelyourfaith

This is CA but thought I’d give a heads up.


3 posted on 02/04/2011 9:40:08 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

Looking good
Now fire those eco-parasites on the public payroll. We are funding our enemies. Providing gubbermint jobs to liberals who want to hobble America and make us into beggars. Making the private sector into beggars petitioning the scum in DC for exemptions and relief


4 posted on 02/04/2011 9:41:57 AM PST by dennisw (- - - -He who does not economize will have to agonize - - - - - Confucius)
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To: jazusamo
"analysis provides no evidence to support its chosen approach."

This is the key to getting rid of BS regulations. If they are made to prove their claim that something hurts and their proposed fix helps, all this will go away, or be tied up in the courts for a long time.

5 posted on 02/04/2011 9:48:27 AM PST by LuvFreeRepublic (Support our military or leave. I will help you pack BO!)
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To: jazusamo

http://www.dmv.ca.gov/vr/smogfaq.htm#BM2535

Gasoline powered 1975 year model or older
Can you believe that 35 year old cars still have to be smogged there ? Everything from 1976+. That is just nuts.


6 posted on 02/04/2011 9:49:51 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: jazusamo

This is a good reason the state is broke!


7 posted on 02/04/2011 9:50:29 AM PST by CIDKauf (No man has a good enough memory to be a successful liar.)
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To: dennisw
Now fire those eco-parasites on the public payroll.

Absolutely. Think of the money saved if the EPA was abolished. The dollars saved from funding the EPA would be a drop in the bucket compared to the savings by people from the ridiculous regulations they come up with.

8 posted on 02/04/2011 9:52:32 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

Is this too late to save incandescence light bulbs?


9 posted on 02/04/2011 9:57:39 AM PST by tubebender (The coldest winter I ever spent was a summer in Eureka...)
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To: WOBBLY BOB

I lived in CA when the emissions testing started and what a rip. Several years after it started I had a pickup that wouldn’t pass the inspection, had to take it to a mechanic who told me it would cost more to make it comply than the law required me to pay so he wrote a waiver.

I went back to the inspection station, walked in the office with the waiver and the turkey told me I had to have it inspected again. I just about went ballistic, I paid for the first inspection, paid the mechanic for his inpection and the waiver and now had to pay for a third inpection when everyone knew it wasn’t going to pass! *shaking head*


10 posted on 02/04/2011 10:02:05 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

maybe your old mechanic now works for TOTUS writing waivers for Obarrycare.


11 posted on 02/04/2011 10:03:46 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: tubebender

That bulb thing is unbelievable, I hope not.


12 posted on 02/04/2011 10:04:21 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

Do you expect me to believe that a judge in California made a ruling that is good for the economy. This story has to be bogus.


13 posted on 02/04/2011 10:13:08 AM PST by forgotten man (forgotten man)
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To: jazusamo; Ernest_at_the_Beach; Grampa Dave; calcowgirl; tubebender; hedgetrimmer; forester; ...
Thank you!!!

Hey Californians! Doesn't this mean that this is even better than Proposition 23 winning back in November???

14 posted on 02/04/2011 10:21:28 AM PST by SierraWasp (A wise man's heart directs him to the right, but the foolish man's heart to the left. (Eccl 10:2))
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To: jazusamo

The CA Air Resources Board (CARB) is a billion dollar-a-year budgeted agency that has as its covert purpose the destruction of industry and business in California. The people who sit on its board are paid roughly $100K a year as polical patronage jobs, and have essentially no training in any relevant area. Indeed, the head of CARB Mary Nichols, (a classic overweight frumpola liblady) was the foremost proponent of the MTBE oxygenate gasoline-additive scandal; an error that virtually all scientific thought warned against at the time, and which cost Californians roughly $12 billion, not to mention the ongoing efforts at remediating groundwater pollution it caused. That such a flaming idiot incompetent should be re-appointed to the same position from whence she created such stupid damage is incomprehensible; yet only serves to underline what a complete waste of effort this agency represents to the potential economic recovery of California.

The Chief Statistician at CARB, Hien T Tran, upon whose work virtually ALL of AB32 is based, the most draconian “greenhouse gas” legal mandate in the US, was found to have LIED as to his academic credentials in order to obtain his potiion at CARB.

Was he fired? No.
Were the results he came up with tossed out? No
Were the results he derived subjected to any sort of review? No.
He received about a $30K pay reduction, and remains employed by the agency.

SO, WE JUST MAKE UP A LAW THAT INCORPORATES THE RESULTS OF A FREAKING LIAR, the thing he lied about being his academic credentials, the law having this minor little effect of, oh, you know, forcing the replacement of EVERY SINGLE DIESEL ENGINE IN THE ENTIRE STATE.

And once again, we have an UNTESTED mandate placed upon commerce, hospital emergency backup generators, agricultural stationary pumping engines, etc etc etc, and the thing is, at least on the surface, a mandate that reduces air pollution by 10%, but INCREASES mileage/consumption by 10% which forces more fuel to be burned for a given energy output which would seem to be a kind of moot point. In other words, California’s favorite type of law!

AIR RESOURCES BOARD

AIR RESOURCES SUPERVISOR I

$71,962.62 2009 pay

$104,268.00 2008 pay

$93,059.14 2007 pay

Read more: http://www.sacbee.com/statepay/?name=Hien+Tran&agency=AIR+RESOURCES+BOARD&salarylevel=#ixzz1D0z0JKjZ

www.killcarb.org


15 posted on 02/04/2011 10:21:54 AM PST by Attention Surplus Disorder ("Looks like I picked the wrong week to quit smoking" - Barack Hussein Obama)
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To: Attention Surplus Disorder

Talk about government corruption, WOW!

They should have both been sent to prison but the Guv’s would have just pardoned them and given them their jobs back.


16 posted on 02/04/2011 10:28:52 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; All

You know you are a Gulag-filling Communist when even a San Francisco judge thinks your Liberal plan is too liberal


17 posted on 02/04/2011 10:39:22 AM PST by UCFRoadWarrior (Al Gore supports Free Trade and Cap And Trade....Wny do Free Traders believe Al Gore?)
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To: jazusamo

I lived in CA when the emissions testing started and what a rip. Several years after it started I had a pickup that wouldn’t pass the inspection, had to take it to a mechanic who told me it would cost more to make it comply than the law required me to pay so he wrote a waiver.>>>>>>>>

To pass emission you run your tank down close to empty then pour in one gallon of pure alcohol. After you pass you fill tank with gasoline to dilute the alcohol which harms seals gaskets etc. I did this once many moons ago


18 posted on 02/04/2011 11:22:42 AM PST by dennisw (- - - -He who does not economize will have to agonize - - - - - Confucius)
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To: dennisw

That would have saved me some bucks. Of course I think when that happened there were no alcohol additives if I remember right.


19 posted on 02/04/2011 11:35:27 AM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; SierraWasp; Grampa Dave; calcowgirl

I just got back for the Ace Hrd with $90 of Edison’s great invention.


20 posted on 02/04/2011 11:47:17 AM PST by tubebender (The coldest winter I ever spent was a summer in Eureka...)
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