News and events from the Environmental Law Society at Boalt Hall School of Law.

Monday, January 26, 2009

Proposed CEQA Exemption for green house gases

Wait, isn’t California supposed to be setting the standard in climate change policy?

My sources indicate that the California AG's office is "very concerned" that the CEQA exemption listed below may pass as part of the current state budget negotiations. If it does so, green house gas emissions will not trigger the environmental impact report or mitigation requirements under CEQA and government projects will be able to contribute to climate change with impunity.

Get in touch with your state legislators and let them know they better not let this go through.

CEQA Greenhouse Gas Litigation Relief

Section 21097.5 of the Public Resources Code is added to read:
21097.5. (a) The failure to analyze adequately or to mitigate the effects of
greenhouse gas emissions in an environmental impact report, negative declaration,
mitigated negative declaration or other document required pursuant to this division
for any proposed project does not create a cause of action for violation of this
division.
(b) This section shall apply retroactively to an environmental impact report,
negative declaration,
mitigated negative declaration, or other document required pursuant to this division
that has not
become final.
(c) This section shall remain in effect only until the final regulations specifying
greenhouse gas reduction measures adopted by the Air resources Board pursuant to
section 38562 of the Health and Safety Code become operative and as of that date is
repealed, unless a later enacted statute deletes or extends that date.

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