Senate Republicans Snookered on Global Warming Budget Deal

[courtesy of The California Majority Report]

Senate Republicans are pounding their chests about the so-called concession they won in the California Environmental Quality Act after 52 days of obstruction. But if you ask environmental insiders and Democratic leaders what they got, they agree on one thing: the GOP was snookered. In fact, greenhouse gas protections may have even been strengthened by the Republican's move!

Here are the details:

1. Question:

The Republicans demanded changes in law to stop Jerry Brown and others from filing lawsuits against San Bernardino County development plans, oil refinery upgrades, and other projects that produce greenhouse gases (GHG’s). Does this language do that?

Answer:

The short answer is no. If anything, the language strengthens environmental protections for climate change impacts.

The language does two things:

a. First, it mandates new CEQA guidelines by 2010 that spell out what parties must do to "mitigate" (or address) the global warming impacts of their projects, something not required under current law;

b. And second, it states that inadequate analyses of greenhouse gas emissions otherwise regulated by the ARB under AB 32 for transportation projects funded under Proposition 1-B and flood control projects under proposition 1-E are not a basis for bringing lawsuits under CEQA.

Since the bill’s applicability is limited only to 1-B funded transportation projects and 1-E flood control projects, nothing in the bill affects the Attorney General’s current litigation related to San Bernardino County or any other similar CEQA enforcement actions he may bring in the future.

[NOTE: The AG has issued a settlement of the San Bernardino CEQA litigation so that entire issue is moot.]

2. Question:

The Republicans also said they wanted to stop all lawsuits against bond projects until 2012 when the AB 32 greenhouse gas regulations are adopted by the ARB. Does this language do that?

Again, the short answer is no.

There's more...

Photo courtesy Blogzilla.