Court Orders 2050 Emissions to be Cut by 80% below 1990 Levels

Cleveland National Forest Foundation v. San Diego Association of Governments (2014)

___ Cal.App.4th ___

In a case of first impression, the Fourth Appellate District has determined that CEQA requires greenhouse gas reduction of eighty percent below 1990 emissions by the year 2050. Originally established in 2005 by Governor Schwarzenegger’s Executive Order S-3-05, no court had previously interpreted CEQA to require this level of carbon reduction. According to the decision, Cleveland National Forest Foundation v. San Diego Association of Governments (2014) ___ Cal.App.4th ___, the long-range plans of every local and regional agency in the state must now reduce greenhouse gas emissions to 80% below 1990 emissions by the year 2050, if it is feasible to do so.

The respondent agency, San Diego Association of Governments (SANDAG), argued that it retained the discretion under CEQA to determine the appropriate standard for measuring the significance of greenhouse gas emissions anticipated in the year 2050 for the San Diego region. In a strongly-worded dissent, Associate Justice Patricia D. Benke agreed with SANDAG and criticized the majority’s contention that subsequent legislation, including the 2006 global warming law known as AB 32, requires the standard established by S-3-05 to be applied at the local or regional level. It remains to be seen whether the California Supreme Court will accept certiorari and order the decision depublished.

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