Global Warming

California Environmental Quality Act

That's Cool!

Cities across California have come up with innovative strategies to help redefine their image as a leader in the fight against global warming. Several communities have recently adopted plans in an effort to encourage walking and use of mass transit. The City of La Mesa developed a sidewalk master plan (click here) and the City of Carlsbad developed a pedestrian master plan, which includes a sidewalk component (click here). Both these cities, and many others, realize the importance of providing connectivity to pedestrians so that they can easily reach their destination and have access to mass transit centers by simply walking or biking. In doing so, both the reliance on automobiles and the dependence on foreign oil as a source of fuel will be reduced. More importantly, these strategies will help California tackle its increasing carbon dioxide emissions, of which 40% is attributed to the transportation sector.

There are many more innovative strategies that local jurisdictions have adopted so stay tuned for periodic updates!

The California Environmental Quality Act (CEQA), signed into law by Governor Reagan in 1970, requires that state and local agencies disclose and evaluate the significant environmental impacts of proposed projects, and adopt all feasible measures to mitigate those impacts. This includes cumulatively significant impacts such as increased greenhouse gas emissions. A copy of every complaint filed under CEQA must be provided to the Attorney General.

The California Attorney General has filed numerous comment letters with agencies whose analysis under CEQA failed to properly analyze or mitigate a project's potential significant environmental impacts. In one instance, after sending a comment letter, the Attorney General sued San Bernardino County based on its failure to analyze increased greenhouse gas emissions that would result from the county’s proposed general plan amendment. See a copy of the complaint. PDF logo [PDF 2.5 mb / 15 pg] That case resulted in a settlement agreement PDF logo [PDF 354 kb / 66 pg] in which the county agreed to adopt a Greenhouse Gas Emissions Reduction Plan. In other instances, the Attorney General has reached agreements with local agencies and private entities without having to file litigation:

As part of our efforts to work with agencies as they confront the challenge of addressing global warming in their CEQA documents, we have prepared a Fact Sheet listing various mitigation measures PDF logo [PDF 207 kb / 22 pg] that local agencies may consider to offset or reduce global warming impacts. We also have prepared a Chart of Modeling Tools to Estimate Climate Change Emissions Impacts of Projects/Plans.

In April 2008, the Attorney General filed an amicus curiae brief in the California Supreme Court, supporting the South Coast Air Quality Management District in a case it has brought against the California Public Utilities Commission (CPUC), challenging a decision by the CPUC to allow the importation and use of very hot-burning liquid natural gas (LNG) in California. The CPUC claims that its decision to allow the use of LNG did not trigger its obligation under CEQA to consider the potential environmental impacts of its decision. But in the South Coast District's expert opinion, the hot-burning LNG will cause greater air pollution. The CPUC therefore was required to do an EIR before approving its use. Read a copy of the brief. PDF logo [PDF 185 kb / 50 pg]