Climate Change

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By Cori Badgley

The Attorney General’s Office declared in a press release on June 24, 2009 that it intervened in a suit against the City of Pleasanton to remove the City’s “draconian and illegal” housing cap. The housing cap, which was instituted in 1996 through Measure GG, limits housing to 29,000 units throughout the City. The City can only accommodate another 2,000 units, if the housing cap remains in place. According to the Attorney General, the job growth over the past 10 years has nearly doubled from 31,683 to more than 58,000, while the available housing has only increased by 7,000 units. The draft General Plan Update predicts the creation of 45,000 more jobs over the next 15 years. In addition to not meeting the City’s fair share regional housing needs, the Attorney General asserts that the housing cap will lead to increased traffic congestion, urban sprawl, greenhouse gas emissions and an increased dependence on foreign oil. As the case progresses, Abbott & Kindermann, LLP will provide further updates.
Continue Reading Attorney General Sues Pleasanton Over Illegal Housing Cap

By Leslie Z. Walker

Two months ahead of the deadline mandated by SB 97 (Chapter 185, Statutes 2007; Public Resources Code section 21083.05), the Governor’s Office of Planning and Research (“OPR”) proposed amendments to the CEQA Guidelines for the mitigation of greenhouse gas emissions (“Proposed Guidelines”) and transmitted them to the Resources Agency for rulemaking on Monday, April 13, 2009.
Continue Reading OPR Finalizes Proposed CEQA Guidelines and Transmits Them to Resources Agency

By Leslie Z. Walker

On April 17, 2009, the U.S. Environmental Protection Agency (“EPA”) released a proposed finding under Section 202 of the Clean Air Act (42 U.S.C. § 7521(a)(1)) that greenhouse gases in the atmosphere endanger the public health and welfare. (See Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act.)…
Continue Reading EPA Issues Proposed Endangerment Finding for Greenhouse Gas Emissions

By Leslie Z. Walker

Six months after releasing its Technical Advisory CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act Review (see OPR on CEQA and Climate Change: Local Agencies Continue to Bear the Heat), the Governor’s Office of Planning and Research issued Preliminary Draft CEQA Guideline Amendments for Greenhouse Gas Emissions on January 8, 2009.The Guideline amendments were developed in response to Senate Bill 97 (Chapter 185, Statutes 2007; Pub. Resources Code, § 21083.05) which directs OPR to develop draft CEQA Guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions by July 1, 2009.
Continue Reading No Surprises in Draft CEQA Guidelines for Greenhouse Gas Emissions

By William Abbott

Not one to shy away from controversy, the Air Resources Board (“ARB” or “Board”), finally launched California into a new era of thinking by adopting the Climate Change Scoping Plan (“Plan”). The sacred cows were not spared as the Board took swift action to push forward the implementation of Greenhouse Gas (“GHG”) reduction strategies called for in AB 32.
Continue Reading ARB Adopts Scoping Plan Implementing AB 32

By Michelle Engel

The Air Resources Board (“ARB” or “Board”) has their hands full. A question and answer session, with more questions than answers, commenced on December 9, when the ARB Staff Project Team held their second public meeting to discuss the development of recommended approaches for setting thresholds for greenhouse gases (“GHG”) under the California Environmental Quality Act (“CEQA”). The task assigned to ARB has been criticized as being “impossible to achieve” given the lack of experience the ARB Staff has with local government and in dealing with CEQA.
Continue Reading Update on ARB Guidance on CEQA Thresholds: One Plan, Many Voices, Dissidents Abound

By Michelle Engel

The Air Resources Board (“ARB” or “Board”) finds itself at ground zero of California’s strategy to address climate change. The Climate Change Proposed Scoping Plan (“Plan”), dated October 2008, has been praised and panned and with the guiding philosophy that you haven’t done your job unless you make everyone unhappy, perhaps the Plan is close to the mark.
Continue Reading ARB in the Hot Seat on Climate Change: On Thursday, December 11, the Board is Scheduled to Take Action on the Climate Change Proposed Scoping Plan

By Leslie Z. Walker and Cori M. Badgley

California’s land use planning structure has long been governed by a philosophy of home rule. Periodically, the legislature has identified specific typical areas for state intrusion: housing policy and airport land use planning are two examples. Among other provisions, SB 375 (Chapter 728, Statutes 2008) reflects a new area of state intervention, brought on by the rising concern over global warming. This time, it is through the regional transportation planning process, with the apparent thinking that once you control the purse strings, local governments will fall into line. SB 375’s major elements are:…
Continue Reading SB 375: A Subtle Shift in the State-Local Long Range Planning Paradigm

By Leslie Z. Walker

For the two years following passage of Assembly Bill 32 (Chapter 488, Statutes 2006), practitioners have wrestled with establishing the level at which a project’s contribution to global climate change is considered to be significant for the purposes of the California Environmental Quality Act (“CEQA”).
Continue Reading ARB Guidance on CEQA Thresholds: Not Every Bit Counts, and CEQA Exemptions Apply