Posted on 01/13/2012 8:35:35 AM PST by SmithL
Development review guidelines meant to cut air pollution, the first of their kind when approved in 2010, are in limbo after a judge ruled their adoption by the region's air board was flawed.
One building industry leader predicted the ruling would force a rewrite of land-use guidelines that he said delay and add costs to "infill" development of homes and businesses from San Jose to Oakland and Walnut Creek.
"The air district is going to have to rescind its entire action," said Paul Campos, an attorney for the California Building Industry Association, which sued over the guidelines.
Bay Area air quality regulators reacted cautiously, saying the future of the guidelines isn't clear because its adoption was overturned for improper procedure, not the content.
"We believe good land-use decisions are important to protecting public health from the effects of air pollution," said Jack Broadbent, executive director of the Bay Area Air Quality Management District.
In a preliminary verbal ruling Monday, Judge Frank Roesch of Alameda County Superior Court said the nine-county air board should have done an environmental review of the potential impacts of the guidelines before adopting them. The district board voted 14-0 in June 2010 to adopt the land-use guidelines for assessing developments.
The benchmarks are a series of numerical thresholds for cities and counties to rely on in determining whether pollution from a new housing or business development would be significant enough to trigger a detailed study on how to reduce emissions.
. . .
While the builders group doesn't object to pollution limits, Campos said the air board violated state environmental law by failing to study the impacts of its action.
"It's ironic that an environmental protection agency is blowing off the state's environmental quality act," he said.
(Excerpt) Read more at contracostatimes.com ...
They operate in the open and are nothing but power grabbing freaks. same goes for the MTA, BAG and Dems in general.
Welcome to their special American Gulag.. powered by solar and subsidies, weeds pulled and gardens tended by illegals.
CARB and Coastal Commission rule CA.
Not elected officers writing laws and accountable to no one.
Coming to all 50 States via Pelosi/Reid/Environuts.
It’s getting so obvious, even some Rats are waking up.
http://www.democratsagainstunagenda21.com/
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