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Frank D. Russo

The California Progress Report is published by Frank D. Russo, a longtime observer of and participant in California politics.

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The Importance of the California Environmental Quality Act to Global Warming: Why Changes Should be Rejected in the Budget Battle Today

Kassie-Siegel_.jpg
By Kassie R. Siegel
Director
Climate, Air, and Energy Program
Center for Biological Diversity

Let’s be clear about the California Environmental Quality Act and global warming.

As our state’s flagship environmental law, CEQA requires all state and local agencies to assess, and then to reduce, to the extent feasible, all significant environmental impacts from new projects. Greenhouse gas emissions are among the most important impacts that CEQA addresses, and thus the law provides an ideal opportunity as well as a legal mandate for cities, counties, and other agencies to consider the greenhouse gas emissions from new projects they approve and then to adopt measures to reduce those emissions. The CEQA environmental review process is not about stopping projects, but about improving them. This process is established across the state and has a long, proven record of success. The CEQA is a key component of the suite of laws and policies already on the books to reduce greenhouse gas emissions in our state.

This is what the Senate Republicans are trying to destroy with a proposal to eliminate the authority to enforce CEQA with respect to greenhouse gas emissions. This proposal is at the top of a wish list on behalf of oil companies and developers for which the Senate Republicans are holding up the state’s entire $145 billion budget bill.

This proposal is so outrageous that its sponsors have done everything possible to hide their efforts from the public, including introducing the idea during the dark of night in the utterly inappropriate Budget Act context. They are also attempting to misrepresent the efforts of the California Attorney General and conservation organizations to enforce CEQA as “premature” attempts to enforce the California Global Warming Solutions Act (AB 32, 2006). It’s the type of misrepresentation that isn’t easily identifiable to most members of the public, but those who are promoting it certainly know that they are twisting the facts to cripple California’s environmental laws.

My organization has been asking local agencies to properly consider the greenhouse gas emissions of the projects they approve since at least 2001. The obligation to do so predates and is separate from the new mandates of the Global Warming Solutions Act and other laws. The behavior of cities and counties not accustomed to thinking about the greenhouse gas pollution implications of their land use and planning decisions has been slow to change – but it has been changing, thanks in large part to Attorney General Jerry Brown’s efforts to enforce CEQA. Faced with the ironclad argument that agencies and project applicants must assess and reduce greenhouse gas emissions to the extent feasible through the CEQA process, a number of special interests are now seeking to eliminate CEQA’s requirements with regard to greenhouse gas emissions.

Industry groups including the Western States Petroleum Association sent a letter to the Governor and Legislators on June 21, 2007 seeking an “administrative or legislative remedy” to CEQA review for greenhouse gas emissions. The WSPA members ConocoPhillips and Chevron both have oil refinery expansion project proposals in the Bay Area currently undergoing CEQA review. Each project would pump approximately one million metric tons of carbon dioxide into the atmosphere annually – by comparison, all of Marin County emits 3 million metric tons per year, and the entire state of California emits 471 million metric tons per year. The Attorney General and others have criticized the oil companies’ failure to explore measures to reduce greenhouse gas pollution.

It is unconscionable that Republican Senators are holding our state’s education and healthcare spending hostage on behalf of oil companies, who, with their record-breaking, billion dollar profits, still want to eviscerate an environmental law that simply requires them to explore and adopt measures to reduce their environmental impact.

California is a global leader in climate change policy precisely because we have multiple laws and policies on the books to address greenhouse gas pollution, including California’s Clean Vehicle Law (AB 1493, 2002), Governor Schwarzenegger’s June 1, 2005 Executive Order S-3-05, and the California Global Warming Solutions Act of 2006 (AB 32, 2006). CEQA is central among these laws and a critically important mechanism for cities and counties to examine the impact of new development and other projects.

With the state’s population projected to double by mid-century, we must start changing the way we grow in order to significantly reduce overall greenhouse gas pollution. To suggest that efforts to implement and enforce CEQA’s requirements should be delayed until the Global Warming Solutions Act implementing regulations are completed is contrary to the goals of CEQA, and would be environmentally disastrous for our state. The Legislature clearly intended that existing laws reducing greenhouse gases continue to be enforced, as the Global Warming Solutions Act states repeatedly that it does not excuse compliance with any existing law to reduce greenhouse gas emissions or protect the environment. See, e.g., Cal. Health and Safety Code §§ 38592(b), 38598.

The greenhouse gas pollution choices we make today will determine our state’s future, and will literally mean the difference between life and death for many Californians. “Business as usual” emissions, which we will be unable to avoid if the Republicans and their industry supporters get their way, will lead to an approximately five-fold increase in heat-related deaths in the state’s major urban centers by the end of this century. Significant, prompt emissions reductions will lower that number substantially. Similarly, we can expect to lose 90% of the Sierra Nevada snowpack under the “business as usual” scenario. With prompt action, we may retain up 70% of the snowpack; the list of preventable harms to the states’ biological and economic resources is long and demands immediate action.

On Tuesday, July 24, over two dozen environmental justice, conservation, renewable energy, and other organizations sent a letter to Governor Schwarzenegger requesting that he publicly oppose the Republican Senators’ crude attempt to roll back California’s efforts to fight global warming. The Governor should demonstrate continued leadership in fighting global warming by condemning this outrageous demand. Furthermore, the cash-heavy oil companies and the Republicans they control should stop holding our state’s education and healthcare spending hostage while they campaign for more favors to line their pockets at the expense of all Californians.

Read more and send a message to your State Senator at this website.

Kassie Siegel, Staff Attorney and Director of the Center for Biological Diversity's Climate, Air, and Energy Program, develops and implements campaigns and litigation for the reduction of greenhouse gas pollution and the protection of wildlife threatened by global warming.

Posted on July 25, 2007

Comments

The CEQA is one of the most miguided laws I have ever seen. I am amazed at the number of people who seem to believe that man’s CO2 emissions are causing Global Warming.

This belief has caused many countries in the world to sign the Kyoto accords which have cost billions of dollars with no measurable effects on CO2 concentrations. And, now, States like California have passed laws mandating CO2 reductions which are being used by Environmentalists to stop growth and construction of almost any new industrial or utility facility.

Much of the reason for this comes from the United Nations Intergovernmental Panel on Climate Change (IPCC) which is a group of politicians and scientists dedicated to the idea that the CO2 man emits contributes to the Green House Gas (GHG) effect. This means the trapping the sun’s energy under an atmospheric layer of gases instead of reflecting energy into space. Now, water vapor is 95% of all GHG’s and man’s contribution is less than 1% of all GHGs. So, if all humanity was euthanized, all industry, power plants, and transportation, were shut down it would only affect 1% of the GHGs. Now, is this like the tail wagging the dog? How could this 1% control the whole?

I saw charts of the earth’s temperature in the 20th century in the IPCC reports, and, even though man’s contributions of CO2 have increased proportionally with population growth and industrialization, they do not seem to fit the curves for temperature. The environmentalists say the earth’s temperature has gone up 1 degree Celsius in the twentieth century, but they never admit that most of this warming happened before 1940, and although there was a warming period from the early 1980s to 1998, there has been no warming since then. None. Now, recent studies show that this pattern has followed the variations in the Sun’s energy on the earth. Mars and other planets are also warming in the same pattern. So, I ask you, is it CO2 or the Sun’s influence?

And, even more recently, there is a Television program called “The Global Warming Swindle” which is a set of interviews with the world’s leading climate scientists who make a good case for the whole IPCC effort, the Environmentalists efforts, and the United Nation’s role as an example of a money spinning scam. And, since many scientists who were part of the IPCC have denounced the fraudulent and inaccurate use of their work, and the use of their names as an imprimatur of scientific accuracy, there is a moral principle here since the IPCC is not telling the truth. If you do a Google or Yahoo search on the title, you will find a high quality video on Yahoo’s video site.

Reputable climate scientists all over the world do not believe man is causing Global Warming, and even many who served on the IPCC now believe that they were wrong to support this theory. If anything, many scientists feel we are now entering a cooling period.

So, why are states and local governments passing draconian laws to curtail development, throttle the power industry, raise taxes on carbon affecting all energy sources, and, yes, even nuclear power, or setting up carbon cap and trade agreements like the one in Europe which has seen the carbon units trade at 20 € per metric ton, to literally centimes, in the last two years?

It’s a mystery to me, because no thoughtful person could possibly believe it, unless, as Al Gore puts it, "it’s not a scientific issue it’s a moral issue." Well, it is certainly not a scientifically valid theory, but it is not a moral issue either, it’s a money making scam, which pays hundreds of thousands of people high wages to spin a justification for government controls, federal, state and local taxes, and even worldwide United Nations taxation. Former President Chirac of France said "it’s a wonderful excuse to introduce world socialism under the government of the UN."

No, thank you.

Man is not causing Global Warming, it’s not true, it’s a scam, and our gullible politicians are letting radical Environmentalists use this scam to stop our growth, stop construction of needed infrastructure for our growing population, and to do to our society what their environmental terrorists tried to do -- curb growth by destroying businesses and cars, burning construction projects to the ground, spiking trees, and causing hundreds of millions of dollars damages to private and public facilities.

This is much better for them, and much more effective. It’s just a terrible result for everyone else, and the damage will be felt for generations. We should stop it now!


Posted by: Arthur E. Lemay at July 26, 2007 04:11 AM

Let's shut the California economy down to reduce human produced C02! The only problem is developing countries like China and India will more than make up for our contribution. Human caused Global Warming is a theory using models with questionable assumptions (I have heard scientists say the assumptions are contrary to science being taught in textbooks.) The United States government paid a statistical firm to evaluate the model used to create the infamous "hockey stick" chart and found basic statistical errors. In fact, the model always produces a "hockey stick" chart. Human cities clearly create heat islands which increase temperatures locally. One study of temperatures in US removed temperature measurements from cities of populations of more than 5,000 and found a cooling trend in the United States.

Posted by: Bob B at July 26, 2007 05:15 AM

Arthur and Bob: CEQA has been the law of California for three decades. I guess if you don't believe actions should be taken on global warming by the state of California, you don't also like this basic California environmental law.

Posted by: Frank D. Russo at July 26, 2007 09:39 AM

Frank, you are right.

Actually, CEQA has been on the books since 1970. The real mischief maker is AB32, and the Attorney General's incredible interpretation of it. As I understand it, the law will not even be phased in until 2012, yet the Attorney General (moonbeam Jerry Brown) has filed a suit against San Bernardino County and has sent letters challenging housing developments in San Jose and in Yuba County, on the basis of a law which will not even be in effect until 2012.

His challenges have a chilling effect because virtually every project will produce CO2 emissions. So, if the Attorney General files suits for this reason, we can expect to see a tremendous number of suits filed by Environmental organizations with the express purpose of stopping every single project of any consequence in California.

Now, the Environmentalists have just been given a weapon of tremendous importance to them. We all know that radical Environmental organizations have financed domestic terrorism to stop development illegally by burning down construction in process, destroying vehicles, cutting brake lines on construction equipment, spiking trees, and causing hundreds of millions of dollars in private and public property losses and loss of life. The FBI has called these the most dangerous terrorists we face today.

Well, with this naive and badly drafted AB32 based on bad science, they don't have to wage illegal terrorism any more. They can just file thousands of law suits and class action law suits to bring California's economy to its knees, all legally in the name of preventing Global Warming.

And, of course, this is precisely what they want to do. This movement is supported by millions of people who are usually shocked to find out that their contributions have gone to terrorist organizations, and those people I have explain it to refuse to stop supporting them, because they cannot understand that they not just out to reduce air pollution and to save endangered species.

Of course, the Environmentalists consider the human race as some kind of vermin and the more radical ones seek to depopulate the Western States and return them to the wolves and bears. They are very proud of Rachael Carson's influence in banning DDT. Of course, the UN has now said this act caused the deaths of 30 million people over the 30 years the ban was in effect. They lifted the ban so Africa could not be plagued by Malaria. But, what the hell, to a radical Environmentalist perhaps getting rid of the 30 million people in Africa was a good thing.

So, the Environmentalists are winning, it will cost us trillions of dollars and will ruin California for our children and grand-children, but, what the hell, we are all vermin in their eyes anyway.

Jerry Brown is an imbecile, and we have been betrayed by our Governor and Legislature into passing the AB32 which has no scientific basis whatsoever and will give radical Environmentalists a license to stop California in its tracks. Remember, they seek to de-populate the Western States, and now they have their first legal weapon to do so.

This law needs to be challenged, and so must CEQA which has now been used by the Attorney General in an abusive way beyond the intention of the drafters of the law.

The Republicans have got it right, and the Democrats are dead wrong and are the patsies of the Environmentalists and their subversive fellow travelers.

Posted by: Arthur E. Lemay at July 26, 2007 01:55 PM

jerry brown again commencing on the most misquided self centered, egotistical initiative, usurping his power as attorney general, and again proving that the democratic legislature are willing to adopt ludricrous rules that affect little or nothing. I have attempted and studied going green. Rediculous, photovoltaic, $145,000.00 (just for an ample system for my house), with little government support, hybrid, state will not issue car pool stickers anymore, mass trasit on frwy sytem to all counties, non existent. Are there any democrats that can see the pitiful state of our overwhelmingly democractic legislature.

Posted by: Michael Samarin at August 6, 2007 03:34 PM

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