Global Warming

California Environmental Quality Act

That's Cool!

On March 20th, 2009, the Novato Charter School in Novato, CA became the state's first school to get approval from the Division of the State Architect (DSA) for its "peel-and-stick" solar panels. With the thickness of a piece of cardboard, the solar photovoltaic flat panel laminated collectors were easily installed on portable classroom building roofs. By offsetting the school's annual electrical use by 78%, the panels will be paid off in 11 years and will provide 1.26 million pounds of carbon offsets during its 30-year life cycle. The project approval for the Novato Charter School will pave the way for the streamlining of similar projects throughout the state, reducing what was a 6 month process down to 6 weeks, bringing California one step closer to a sustainable future.

There are many more innovative strategies that local jurisdictions, companies and organizations have adopted to help combat global warming, 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 267 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.

There is a growing recognition of the importance of addressing climate change at the programmatic level. For local governments, general plan updates provide many opportunities, including the possibility of CEQA streamlining and new funding. See CEQA, Global Warming and General 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]