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Republican State Senators Holding up the California Budget Should Get Their Facts Straight on California Environmental Laws and Who We Elected to Enforce Them

By Frank D. Russo

There have been particularly galling misstatements of fact and exaggerations about the actions of California Attorney General Jerry Brown in enforcing California's environmental laws, the latest sticking point in the fog of war that the cabal of 14 Republican California State Senators is using as their excuse in not providing the single vote needed to pass our overdue state budget. We'll deal with the facts on what Brown is doing, but first, let's look at the larger picture.

The principle at stake here is also not inconsequential. It is really about the rule of law and the California Constitution. Lost in all of this is that the voters of California, by a landslide margin larger elected Jerry Brown to be the chief law enforcement office of the state. Brown won by a margin larger than even Governor Schwarzenegger. It is his constitutional duty to enforce our laws, including the California Environmental Quality Act (CEQA), which has been on the books since Governor Ronald Reagan signed it in 1970. Under our system of government, the legislature passes laws, the Governor signs them, and the Attorney General is the state's lawyer charged with upholding them and the courts make decisions where there are disputes about the application of laws.

If you disagree with a law, get a majority of the legislature to amend it and the Governor to sign the change. If you don't, the law is there to be obeyed. We, the people elected the Attorney General to uphold the law, not 14 state senators, not one of whom voted for AB 32, the landmark law on greenhouse gases and who probably would not have voted for CEQA.

We should not establish the principle that a small minority can hold up the state budget and demand that laws they do not like, passed by the majority and signed by the governor, not be enforced.

Republican Senator Cogdill, who while in the Assembly voted against AB 32, recently sent his constituents a letter that contained the following:

"Senate Republicans have openly expressed concerns about lawsuits being filed by the State Attorney General Jerry Brown under the California Environmental Quality Act (CEQA). This is a blatant attempt by extreme environmentalists to put a halt on progress. They contend that local governments, builders, and developers should account for Greenhouse Gas (GHG) emissions when preparing environmental documents even though there is no requirement in law that they do so. Last year, the Legislature approved AB 32 which directs the Air Resources Board to develop regulations on GHG emissions by 2012 as of now, no regulations exist so how can anybody be expected to abide by them?

You may read in the press that this is not a budgetary matter, but, indeed it is. There is $1 million proposed in this budget to fund the Attorney General' s witchhunt. The Republicans have proposed that this money be cut from the budget. As mentioned, bond implementation is frequently included in the budget, and as such, legislators need to make sure that the will of the people is respected in that process. The Attorney General's lawsuit signifies a direct threat to this process and will jeopardize projects, $43 billion in funding for which was expressly approved of by voters."

First of all, Senator Cogdill is confused about the $1 million in the budget. That money is for enforcement of tail pipe emissions, was discussed in the budget conference committee, and when his fellow Republican Senator Hollingsworth brought up concerns about this, it was agreed that this money is not to be used for CEQA enforcement and the opposition to this line item was removed and it passed out.

But what is all this talk about lawsuits? The Attorney General has filed but a single lawsuit to enforce AB 32 through CEQA and sent out 13 comment letters about large projects extending up to 30 years. Not a single project has been stopped.

The voters did approve housing bond projects, no thanks to Republican Senators, most of whom also opposed their being placed on the ballot Just take a look at the vote on SB 1689, the housing bond, to see what I mean.

Nothing has been stopped as to any bond measures.

Robert Greene had an excellent article in the Los Angeles Times yesterday that lays out what is really going on. In it, he says:

"So, back to the budget and the Senate Republicans. Having won at least a promise of spending limits close to what they sought, the senators are now trying to tie their sign-off on a budget to a law that will bar Brown from suing cities, counties or anyone else to enforce carbon emissions under CEQA until AB 32 regulations are adopted.
Otherwise, according to Sen. Bob Dutton of San Bernardino County, it would be like allowing the cops to ticket you for speeding on a road where no speed limits are posted.

That comparison is more apt than Dutton realizes. It calls to mind California's Basic Speed Law: every driver knows, or should, that even without a posted limit it's illegal to drive faster than road conditions safely allow.

Brown argues that he has the power and, in fact, the obligation to sue to block carbon emissions under CEQA regardless of any regulations that have or have not passed under AB 32. Think of CEQA as the Basic Speed Law for pollutants. We know carbon causes climate change, we know we have to reduce emissions, so it makes no sense to sign off on growth plans that would keep carbon pumping into the air at the same levels seen in the pre-AB 32 era.

Otherwise, Brown says, the real heavy lifting under AB 32 won't begin until well after Schwarzenegger and most current members of the Legislature are out of office. The governor will claim the glory now without having to suffer any of the political consequences."

Bottom line: This small band of Republican Senators, who didn't support AB 32 when it passed, want to delay anything that starts to implement it until 2012. This really isn't about bonds passed by the voters. It certainly isn't about respecting the will of the voters when we elected Jerry Brown. They and the industries they are doing the bidding of-- the Building Industry Association and the oil industry, in particular Conoco-Philips that wants to build a massive facility without regard to greenhouse gases--don't have the votes to change the laws on the books. If we go on this path for the next 5 years, we will be polluting so far above present levels that we will not be able to meet the goal written into AB 32 for the year 2020. And they don't care.

Posted on August 14, 2007

Comments

This is a blatant attack on CEQA, the state's only real bulwark against the environmental destruction of the state. For those of us who care for the environment, we must not give in to this kind of blatant partisanship that is so destructive.

Posted by: Dorothy Green at August 14, 2007 10:15 AM

I loved the way this article ended--they (the republicans) don't care. No, unfortunately, they do not care about our world, our environment, or our state. By their blatant stalling, they are also proving they do not care one bit for the voters of the state or the many thousands of people negatively affected by their inaction on the budget. They are just peeved little men, who really should take themselves out of politics and let real men and women do the heavy lifting. Clearly, they are not up to the challenge.

Posted by: janice wellborn at August 14, 2007 11:23 AM

If I wasn't doing my job I would be fired. If I was doing a good job, I should be rewarded. I have done a good job on becoming a school teacher, however because of the stalled budget I am still here starving, for week 6 with no money for food, school supplies, ect. If the whole California Political structure cannot care for it's own, then they need to be fired. I propose a NO VOTE FOR ANY INCUMBENT. No to the ones who are holdouts, and NO to the ones who took a vacation while the rest of us suffered. You ( CAlifornia polititions ) are hurting children and old people. Shame on you, go find a new job where you can't hurt anyone anymore.

Posted by: Irate Voter at August 14, 2007 04:51 PM

I am appointed by the courts and get paid as a state contractor. I continue working every day and fronting costs for my clients, but I have not been paid for six weeks. I said I could make it through August, but now I am not sure. I am a single mother of two. These white Republican men are so out of touch thinking that no one is really affected and life goes on whether they do their job or not. I don't have that luxury and I get angrier and angrier by the day! Who is looking out for us???

Posted by: State Contractor at August 14, 2007 10:23 PM

It's unfortunate that so many people depend on the state budget for survival. The California Gas Emission Standards is a joke! Almost all legislatures are now driving automobilies that are assemble in foregin countries that pollute more than we have ever seen. What needs to be done, is to stop companies from going overseas so that we can regulate the pollution. We put strick laws here, but who is watching other countries? Look what happen with the toys we get from China.....Sign on to the budget and get on with business and do something about keeping good paying jobs in America...

Posted by: Lucy Armijo at August 15, 2007 06:13 AM

Senate republicans did propose a measure that would allow the state to continue paying bills while the details of the budget were worked out but not one democrat would consider it. They are the ones on vacation. Come back all, we elected you to govern us, now hop to it. We need a balanced budget that doesn't rely upon the sale of the state lottery and income we aren't guranteed to get. We need to work on fully funding our CSU's and our State Employees so fees don't go up and employees quit.

Posted by: T. in Merced at August 15, 2007 11:28 AM

The republicans and their oil buddies should be tarred and feathered and run out on a rail. That is at the state and federal levels

Posted by: Harris Hartsfield at August 15, 2007 11:35 AM

The article states that it would deal with the facts but first the "Big Picture" - Big flashing lights that the facts will not and were not dealt with. The Fact is that environmental groups for years have miss used CEQA and the courts in their relentless assault on development. You ask why there is no affordable housing in CA look no further the CEQA for the major reason.

Posted by: Clay Loomis at August 15, 2007 02:59 PM

Do you have any idea how many people who are trying to earn a living suffer because of the budget not being signed? With the money that you people pay your selfs, from the hard earned money made by the people of California. I should think the least you could do is sign a budget for us (the people of California) on time.

Posted by: Sherry Silva at August 15, 2007 07:05 PM

Do you know how many people suffer when the budget isn't signed on time? With the money you people pay your selfs, from the hard earned money made by the people of california, I should think the least you could do is sign the budget on time.

Posted by: sherry silva at August 15, 2007 07:28 PM

Global Warming is what this is all about. There is no proof that man has anything to so with global warming, no matter what the man that invented the internet says. This is all about controlling growth with made-up environmental problems. If you can't find an endangered spiecies invent another excuse. Why doesn't the Attorney General do something about real crimes e.g. murder. Look at his record in Oakland.

Posted by: Global Warming Skeptic at August 15, 2007 11:04 PM

I don't like republicans either, especially idiot Bush, and I'm all for protecting the environment. However, while I don't respect their opportunism, in this case, I have to say they are right. There are no laws that require analysis of impacts to greenhouse gas emissions in CEQA documents (i.e. Environmental Impact Reports), nor are there any regulations establishing thresholds for determining when a new development or general plan update will significantly impact greenhouse gas emissions and global climate change. Under AB 32 such laws and regulations will not be implemented until 2012. So how can local agencies be expected to analyze impacts to greenhouse gas emissions and global climate change according to state law when there is no state law telling them now to do so?

Must importantly, it's not new development projects that cause greenhouse gas emissions and climate change. Houses do not themselves emit greenhouse gases. In fact, new developments have the potential to reduce greenhouse gas emissions by allowing people to live closer to their work. The causes are population growth and consumption patterns. More people using more inefficient vehicles and leaving their airconditioning on all day while they're at work causes greenhouse gas emissions.

Don't expect politicians to solve the worlds problems, you'll just be let down. Instead, make changes in your own life and be an example for others. Drive less, turn your air conditioning off, have less babies, maybe opt for that smaller house instead of the supersized one 70 miles from your work.

Posted by: Billy Wilson at August 17, 2007 04:06 PM

I don't like republicans either, and I'm all for protecting the environment. However, while I don't respect their opportunism, in this case, I have to say they are right. There are no laws that require analysis of impacts to greenhouse gas emissions in CEQA documents (i.e. Environmental Impact Reports), nor are there any regulations establishing thresholds for determining when a new development or general plan update will significantly impact greenhouse gas emissions and global climate change. Under AB 32 such laws and regulations will not be implemented until 2012. So how can local agencies be expected to analyze impacts to greenhouse gas emissions and global climate change according to state law when there is no state law telling them now to do so?

Posted by: Billy Wilson at August 17, 2007 04:06 PM

It is absolutely right that our elected officials should and must pass a BALANCED BUDGET!! This idiotic pandering by politicians with givaways to any group that may give them a vote has got to stop !!! If it takes a few sensible "white men" to do it - so be it !! I love it !!! Maybe some day these government employees would find their life would actually be much better with a responsible government led by conservatives, which is impossible to get now, with the gerrymandering of the districts done by the wonderful caring liberal democratic majority (now on vacation, while "rome burns")!! We thank you for your support.

Posted by: Richard - Los Angeles at August 19, 2007 05:38 PM

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