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Brown takes on GOP again
Friday, July 27, 2007
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California’s two-thirds vote for state budgets — it’s one of just three states with a supermajority requirement — provides minority Republicans with virtually their only opportunity to wield real power, and they often use it to pursue agendas that have little or nothing to do with the budget.

This year’s version of the syndrome is a GOP demand that the Legislature rein in Attorney General Jerry Brown’s crusade to force local authorities to reduce greenhouse gas emissions as they make land use and transportation decisions.
Brown has filed a lawsuit against San Bernardino County, alleging that it is obligated to consider global warming while updating its general land use and development plan, and interceded with letters in several other local planning processes.

Brown argues that with the passage of last year’s anti-global warming law, Assembly Bill 32, local authorities have an implicit responsibility to include greenhouse gases in the environmental impact assessments of their decisions, even though AB 32 doesn’t contain a word to that effect.
The crusade had angered local officials as an infringement on their authority and developers who see it as opening a new legal pathway for environmental groups and other opponents to attack them. Republican lawmakers are demanding that any state budget deal include some restrictions on Brown. One brief passage of the state budget bill grants Brown $1 million “to pursue climate litigation to reduce greenhouse gas emissions” but adds, “These funds shall not be used to support litigation against local government entities.”

The dust-up over Brown’s crusade is the public manifestation of a larger debate in land use circles over what, if any, legal obligation local officials have to join the global warming war in their decisions. State law doesn’t contain any explicit mandate to do so; if it did, the state theoretically would have to pay local governments for their extra costs. Brown, however, contends that there is an implicit mandate.
The Association of Environmental Professionals — the people who draft environmental impact statements for developers and government agencies — just issued a “white paper” that suggests seven potential responses, ranging from no response to a full analysis and mitigation plan, the latter being more or less what Brown is demanding.

The California Building Industry Association, the developer umbrella group, is urging governments to take no action, contending that there’s nothing yet in state law to require it.

Environmental groups, of course, take the more activist approach favored by Brown, demanding that local development and transportation plans contain full greenhouse gas analysis and mitigation — a position that has not, however, as yet found favor in the courts.

As governor, Brown was often on the freewheeling edge, and he appears to have returned to that mode as attorney general. And that has placed him at the center of the budget impasse.

(Walters writes for the Sacramento Bee.)
9 comment(s)

JimClark wrote on Jul 27, 2007 3:52 AM:

" Catch a falling star and put it in your pocket. What do you do with a moonbeam? "

Tom wrote on Jul 27, 2007 9:18 AM:

" Brown is simply nuts. It's good to see there remains one avenue for checks and balances in this State. "

Mike wrote on Jul 27, 2007 9:46 AM:

" Note with Jerry Brown in office California had a surplus of CASH$ "

Who Voted for him wrote on Jul 27, 2007 9:49 AM:

" If you voted for him, you are to blame. This state is the laughing stock of the country having people like Jerry Brown, Mike Thompson, Diane Feinstein and Barbara Boxer in elected positions. All Democrats... "

Leah wrote on Jul 27, 2007 10:52 AM:

" This is what happens when voter turn out is low.... think about it. Your vote is important. Don't stay home. "

Tom wrote on Jul 27, 2007 11:03 AM:

" Mike, i'm hoping you;re making a sarcastic comment. Saying CA has a surplus of cash is like bragging you have $20 in your pocket when you have $20,000 in credit card debt. "

JimClark wrote on Jul 27, 2007 12:12 PM:

" Ronald Reagan left California with a considerable surplus for emergency use. Goernor Moonbeam used it to create numerous duplicit bureaucracies that have soaked up billions since. Jerry Brown left California in a deficit, made Oakland a crime center and as some believe should not be in his current position as he is not a lawyer. If here were a Republican the hue and cry would break plexi-glass. "

Mike wrote on Jul 27, 2007 3:42 PM:

" OKAY Tom you caught me this time "

Kevin wrote on Jul 28, 2007 9:24 AM:

" Jerry is a lawyer. He is not a "practicing" lawyer, which is the requirement. Basically the court decided that "he could be practicing if he wanted to" and that was good enough. (And why do lawyers have to "practice" all the time? When do they start actually performing??) "

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