ELR Citation: 41 ELR 20080
No(s). CPF-09-509562 (Cal. Super. Ct. Jan 24, 2011)

A California court issued a tentative ruling that would require the California Air Resources Board to set aside its "functional equivalent document" that evaluates the environmental consequences of its climate change scoping plan and to enjoin implementation of the scoping plan until the agency complies with its certified regulatory program and the California Environmental Quality Act. The scoping plan recommends a cap-and-trade program to reduce greenhouse gas emissions to 1990 levels by the year 2020. The court tentatively ruled that the agency abused its discretion in certifying the functional equivalent document for the scoping plan as complete because it failed to include any facts or data to support the conclusions stated in its alternatives analysis. In addition, the agency improperly approved and began implementing its scoping plan prior to completing the environmental review process. If finalized, the ruling could delay implementation of the state's climate change law--the Global Solutions Warming Act of 2006.