Oh this is delicious sweet irony…they adopted a plan but didn’t bother to make a complete environmental review like any other project in the state is required to do. That’s what they get for ramrodding the thing. From the:
Wyatt Buchanan, Chronicle Sacramento Bureau
Friday, February 4, 2011
(02-04) 04:00 PST Sacramento – —
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.
If the decision is made final, California would be barred from implementing its ambitious plan to combat global warming until it complies with portions of the California Environmental Quality Act, though it is not yet clear what the air board would have to do to be in compliance. The state’s plan, which implements AB32, the Global Warming Solutions Act of 2006, would reduce carbon emissions to 1990 levels by 2020.
The Air Resources Board and those who brought the lawsuit, a variety of environmental groups represented by the Center on Race, Poverty and the Environment, a San Francisco organization, have until Tuesday to respond before the court makes a final ruling.
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 judge said the air board’s reasoning for approving the larger plan without a complete review “undermines (the state environmental quality act’s) goal of informed decision-making.”
full story here
h/t to Russ Steele