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EDITORIAL: The sun vs. the redwoods - My property is better for the environment! No, mine is!
Las Vegas Review-Journal ^ | Feb. 25, 2008 | Editor

Posted on 02/25/2008 7:25:32 AM PST by Nevadan

It could only happen in California.

All the parties in the dispute are as green as nori. (It's made from seaweed. You eat it.)

Richard Treanor and his wife, Carolyn Bissett, live in Sunnyvale, Calif.

And Mr. Treanor and Ms. Bissett care so much about the environment that they drive a hybrid Toyota Prius.

Not to be outdone, their neighbor, Mark Vargas, cares so much about the environment that he recently bought a plug-in electric car.

Mr. Treanor and Ms. Bissett topped that. They planted eight redwoods in their yard, preening that the trees -- which can grow to giant heights -- absorb carbon dioxide, cool the surrounding air and provide a habitat for wildlife.

That's nothing, said their neighbor, Mr. Vargas. Encouraged by the California Solar Initiative, which is offering homeowners and businesses more than $3 billion in rebates over the next decade to install solar-electric systems, he covered his roof and backyard trellis with $70,000 worth of solar panels, meaning he buys little or no electricity generated at environmentally bad, bad power plants.

The months went by. The redwoods grew. And their shade fell upon Mark Vargas' solar panels. So Mr. Vargas asked prosecutors to file charges against his neighbors under California's 30-year-old Solar Shade Control Act, which stipulates that a homeowner can "suddenly become a criminal the day a tree grows big enough to shade a solar panel," explains the defendant, Mr. Treanor, a retired engineer.

Indeed, the law requires homeowners to keep their trees or shrubs from shading more than 10 percent of a neighbor's solar panels between 10 a.m. and 2 p.m., when the sun is strongest. Not a tomato patch that might utilize solar energy to provide a neighbor's family with healthful vitamins, mind you. Just solar panels.

Existing trees that cast shadows when the panels were installed are exempt. But new growth is subject to the law.

Mr. Treanor and Ms. Bissett contend they planted their trees before Mr. Vargas installed his solar panels, in 2001. But is it the date of planting that counts, or the date when the trees grew high enough to shade the panels?

After more than six years of legal wrangling, a judge recently ordered Mr. Treanor and Ms. Bissett to cut down two of their eight redwoods -- the species elevated by Ansel Adams and others to a status equivalent to the Holy Grail in environmental circles.

Residents can be fined up to $1,000 a day for violations, though the judge did not impose any fines against the Treanors.

The couple does not plan to appeal the ruling, because they can no longer afford the legal expenses. They do plan to lobby state lawmakers to change or scrap the law, however.

Bernadette Del Chiaro, clean energy advocate for Environment California, says the solar shade law might need to be revised to prevent similar disputes. Lawmakers might want to "take a look at the policy and make sure it's written in a way that's fair to everybody," she says.

In another place and time, Ms. Del Chiaro might have said, "To make sure everyone's property rights are fully protected."

But this, of course, is California.


TOPICS: Culture/Society; Editorial; Government; US: California
KEYWORDS: california; environmentalism; redwoods; solarpanels

1 posted on 02/25/2008 7:25:36 AM PST by Nevadan
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To: Nevadan
...their neighbor, Mark Vargas, cares so much about the environment that he recently bought a plug-in electric car.

Just don't tell Vargas that his car is ultimately probably powered by coal. Or nuclear.

2 posted on 02/25/2008 7:30:43 AM PST by randog (What the...?!)
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To: randog
Just don't tell Vargas that his car is ultimately probably powered by coal. Or nuclear.

Don't go and confuse anyone with facts.

By the way, if you know anything about Sunnyvale, CA, there is little need for air conditioning or heat, since it is a very stable and mild climate right in between San Jose and San Fransisco. You leave the windows open for about 9 months out of the year.

3 posted on 02/25/2008 7:38:46 AM PST by Tenacious 1 (We have the ability to shape & polish turds, make em smell nice & sell them as public services)
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To: randog

That battery production and disposal are probably serious toxic issues, as well (depends on the battery type).

The most environmentally-friendly car?

The one you have now, carefully maintained. Don’t buy a new one -— that’s where the impact is.


4 posted on 02/25/2008 7:39:44 AM PST by TheThirdRuffian (McCain is the best candidate of the Democrat party.)
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To: Nevadan
If you had enough money to live as they do, why would you do it? They'd be much better off buying some acreage way out somewhere and building right in the middle of it. I'll never understand people who want to live right on top of each other.

Carolyn

5 posted on 02/25/2008 7:43:48 AM PST by CDHart ("It's too late to work within the system and too early to shoot the b@#$%^&s."--Claire Wolfe)
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To: Nevadan
These people are all fruits and nuts and have gone out of their way to do more damage to the earth than save it.

The Prius, over it’s lifetime, from it’s construction, batteries, and world wide sourcing of materials to put it all together and deliver it to the sheeple who pay too much for it is more destructive to the earth than a Hummer H2.

The $70,000 in solar panels will eventually pay for themselves in about 35 to 40 years. Assuming, of course, they don’t need any maintenance or replacement... And what of the cost to our precious environment to get all those solar panels on the roof? From material sourcing to construction, to delivery and installation... Just think of havoc wrought upon our little blue marble! All to keep an already operating turbine somewhere from making a few more revolutions each month to power up this nut’s house. And how much water a day do eight huge redwoods suck out of the ground?

6 posted on 02/25/2008 7:48:50 AM PST by Wagonboy (STOP GLOBAL WHINING!)
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To: randog

These are people that think boneless skinless chicken breasts come from parthenogenesis.


7 posted on 02/25/2008 7:58:16 AM PST by tom paine 2
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To: Nevadan

THE ARE GOING TO CHOP DOWNS TREES Oh no!!!


8 posted on 02/25/2008 7:59:22 AM PST by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: Nevadan

I suppose it would be unseemly to cheer for both sides to loose.


9 posted on 02/25/2008 8:07:25 AM PST by RobinOfKingston (Man, that's stupid ... even by congressional standards.)
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To: Nevadan

This is really a Catch-22 for environmentalists. Oh the humanities...


10 posted on 02/25/2008 8:17:23 AM PST by DoughtyOne (We've got Tweedle Dee, Tweedle Dumb & Tweedle Dumber left. Name them in order. I dare ya.)
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To: Mr. K

“THE ARE GOING TO CHOP DOWNS TREES Oh no!!!”

I’d LMAO if the chopped down tree fell on the neighbor’s house.


11 posted on 02/25/2008 8:19:34 AM PST by Londo Molari
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To: All

When I lived in Los Angeles, I always thought this law would be a good way of stopping your neighbor building a two story house next to you.

Just put in some ground level solar panels...:^)


12 posted on 02/25/2008 8:19:56 AM PST by az_gila (AZ - need less democrats)
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To: randog

Well, he does have $70k in solar panels on his house to create that electricity. That car is a bit more expensive than he’d care to admit.


13 posted on 02/25/2008 8:20:25 AM PST by hoppity
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To: Nevadan
The idiot who planted those trees but a few feet apart against a wall in a residential area should face the cost when they come down.
14 posted on 02/25/2008 8:22:37 AM PST by Carry_Okie (There are people in power with a desire for evil.)
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To: Nevadan; All

15 posted on 02/25/2008 8:25:51 AM PST by Carry_Okie (There are people in power with a desire for evil.)
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To: randog

No, see, if the sun don’t shine on his solar panels, he can’t go bye bye. In effect, his neighbors put his panels where the sun don’t shine.

“Like a good neighboooor, your yard must be baaaare.”


16 posted on 02/25/2008 8:48:57 AM PST by wizr ("Give me liberty, or give me death." - Patrick Henry)
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