May 2016

By William W. Abbott

Well, it has been a long time since I took my high school civics class. While I have forgotten far more than I remember, the distinct responsibilities allocated between the legislative branch and the executive branch remain deeply embedded in my memory. In the recent debate concerning the State’s attempt to curb greenhouse gas emissions, legal practitioners have voiced questions concerning how far governors can go in pushing the state forward and reigning in greenhouse gas emissions. That concern was recently addressed by the Legislature’s chief lawyer who expressed the office’s opinion that Governor Brown has gone too far. (link to opinion http://cssrc.us/sites/default/files/160422_LegCounselOpinion_GGRF.pdf)  Unsurprisingly, the Air Resources Board dismissed the analysis (link http://hosted2.ap.org/CAANR/CA/Article_2016-04-21-CA–Greenhouse%20Gases-California/id-831c8307e6ea42acb7453b39d71e7312). Draw your own conclusion, but I prefer to take my legal advice from a lawyer.

William W. Abbott is a partner at Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.