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Surprise Attack on California's Environmental Laws--And What You Can Do About It

By Gary A. Patton
Executive Director
Planning and Conservation League
We’ve just gotten news that a group of California business leaders have petitioned Governor Schwarzenegger and legislative leaders to break our best environmental laws. They’re demanding that the Legislature rip a hole in the California Environmental Quality Act (CEQA) to give their businesses a free ride on global warming pollution.
The petition is an unofficial declaration of war against CEQA, and California’s new global warming program, the Global Warming Solutions Act of 2006, signed by Governor Schwarzenegger just nine months ago.
Here’s what I wrote the Governor, California Senate leader Don Perata, and California Assembly leader Fabian Nunez:
"RE: Business Attack on the State’s Global Warming Prevention Efforts
Dear Governor Schwarzenegger, Senator Perata, and Speaker Núñez:
Each of you have recently received a letter dated June 21st from a list of California business organizations, claiming that “urgent legislative action is needed to prevent delays and interruptions to vital housing, commercial and public infrastructure projects …” Specifically, this letter claims that changes should be made to the California Environmental Quality Act.
Please be clear that the June 21st business letter is nothing less than a declaration of war against feasible efforts to reduce greenhouse gas emissions in the state of California.
The Governor, the Senate, and the Assembly have made Californians proud, because our state leaders have stepped up to the plate and recognized what the federal Administration has continued to deny – that global warming is real, and that it’s a threat to our environmental and economic future.
The June 21st business letter claims that the Attorney General and others are “premature” in their efforts to make certain that we begin immediately to address the global warming threat. Confronting global warming, and confronting it now, is an urgent requirement for California. There is nothing “premature” about getting to work on the problem. And, as everyone who knows anything about global warming recognizes, business as usual won’t work.
AB 32 was not a “stand pat” direction to do nothing on global warming, and to defer all action on global warming emissions until future rulemaking procedures have run their course. But that’s what the business leaders who signed the June 21st letter apparently want people to believe.
Most of the actions complained of by the business leaders signing the June 21st letter are actions taken by the Attorney General, to make certain that everyone actually does what the California Environmental Quality Act requires – to reduce or avoid environmental harm. In fact, despite the complaints contained in the June 21st letter, CEQA’s purpose and the goals of AB 32 are in complete harmony.
CEQA is our single strongest environmental law, and it requires, as a general principle, that an environmental impact review be carried out when any proposed governmental action might have a significant negative impact on the environment. It also requires that feasible mitigation measures be implemented when negative impacts are identified. We know that continued emissions of greenhouse gases into the atmosphere will almost certainly have a negative impact on existing water supplies, agriculture, wildlife and wildlife habitat, our forests, public health, and the California economy. AB 32 acknowledges this in its initial findings and declarations:
Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California …Global warming will have detrimental effects on some of California’s largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state.
The California Environmental Quality Act requires governmental agencies to consider what can be done to eliminate or reduce the impacts of projects that might otherwise make global warming worse, and it calls for “feasible” (and that means economically feasible) mitigation measures.
Californians, including California businesses, need to reduce or avoid greenhouse gas emissions in order to mitigate the adverse effects of global warming, and we need to do it now! That’s what AB 32 requires, and that’s what CEQA requires!
The June 21st letter from California business leaders is essentially asking you to repeal AB 32’s goals and CEQA’s purpose. Shame on that idea!
PCL trusts that you will repudiate this ill-advised and selfish call to repeal CEQA where global warming is concerned. We must not delay and defer our efforts to confront the global warming crisis."
Please contact Governor Schwarzenegger and the leaders of the California Senate and Assembly. Urge them to publicly repudiate this attack on California’s best environmental laws.
Here’s what they need to hear:
Business advocates have demanded that California leaders weaken CEQA, our premier environmental protection law.
They want a free pass on global warming pollution, endangering California's ability to fulfill its new global warming program.
Do not bow to this attack. Uphold your promise to the people of California. Let us know that you will protect the California Environmental Quality Act and the Global Warming Solutions Act of 2006.
Call today:
Governor Arnold Schwarzenegger
(916) 445-2841
Senator Don Perata, President pro Tem
California State Senate
(916) 651-4009
Speaker Fabian Núnez
California State Assembly
(916) 319-2046
Then stay tuned.
Gary Patton is the Executive Director of the Planning and Conservation League, a statewide, nonprofit lobbying organization. For more than thirty years, PCL has fought to develop a body of environmental laws in California that is the best in the United States. PCL staff review virtually every environmental bill that comes before the California Legislature each year. It has testified in support or opposition of thousands of bills to strengthen California's environmental laws and fight off rollbacks of environmental protections.
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