February 2, 2011 | 6:01 PM | By

Is AB 32 Headed for the Rocks?

FILED UNDER: Government & Business, Air, California Air Resources Board, CEQA, Policy

After all this, California’s global warming law may have hit a legal wall

Lawyers at the gates. (Photo: Craig Miller)

Oil companies couldn’t bring it down with a well-funded statewide ballot initiative. But the state’s landmark 2006 law to combat climate change by regulating carbon emissions might be undone by another of California’s major environmental laws.

Cara Horowitz reports for Legal Planet that a San Francisco superior court could set aside implementation of AB 32, finding that the “scoping plan,” the implementation strategy developed by the state’s Air Resources Board, does not comply with the California Environmental Quality Act, known as CEQA.

According to the report, the ruling, in a suit filed by “environmental justice” groups could follow a 15-day period for objections, which expires next week. So far most coverage of the “proposed ruling” seems confined to the legal blogs.

UPDATE: The only response issued from the Air Board so far is: “We are reviewing this tentative decision and will respond within the allotted time.” That allotted time is up next Tuesday, after which the judge has several weeks to finalize the ruling.

UPDATE: Major daily newspapers picked up the story on Friday. Here’s Wyatt Buchanan’s take for the San Francisco Chronicle.

About the author

KQED Science Editor, specializing in weather, climate, water & energy issues. Formerly senior editor of Climate Watch. View all posts by Craig Miller →

  • http://cagreening.blogspot.com/ Wes Rolley

    You correctly note that “So far most coverage of the “proposed ruling” seems confined to the legal blogs.” Why is that? Does mainstream media think that the pubic can’t handle it, isn’t interested in our own future?

    Again, this is in a blog that devoted climate people might follow, but why not have this on “This Week in N. California”? Or the California Report? If AB 32 implementation is significantly slowed, the only people rejoicing might be the Koch Bros.

    • Craig Miller

      Wes, ask and ye shall receive. We’ll have a fuller discussion of this Friday morning on The California Report.

  • Julie Jones

    Wake up everyone! Look at the sky — geoengineering pollution finally makes national media. See Newsweek article by Sharon Begley, “A Climate Cure’s Dark Side.”
    Feb 7, 2011

  • http://www.greenchamberofcommerce.net Janet Pomeroy

    The Green Chamber of Commerce, who has supported AB 32, would appreciate linking (and giving credit to) Climate Watch. Please let us know how we may support your news and stories on this issue; either putting your RSS feeds on our site, or linking to your reports. Our members are very interested in this issue.

    • Gretchen

      Hi Janet,
      Thanks for your interest. You can subscribe to the Climate Watch blog by clicking on the RSS icon on the upper right of this page, where it says “Get the Climate Watch Blog.” You can also subscribe via email by entering your email address and clicking “Subscribe.” Feel free to link to any of our stories anytime.
      Gretchen