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Air Quality District in California Urges Governor to Delay AB 32 Implementation

Legal Alerts

Mojave Desert Air Quality Management District is Concerned about Impacts to Economy, Renewable Energy Development

FEBRUARY 5, 2010

The governing board of the Mojave Desert Air Quality Management District (“MDAQMD”) sent a letter yesterday to Gov. Schwarzenegger urging him to delay implementation of AB 32, also known as the California Global Warming Solutions Act of 2006. The MDAQMD, which has air quality jurisdiction over large areas of the High Desert in San Bernardino County and the Palo Verde Valley of Riverside County, is one of the pioneering air districts in reducing the carbon print of both government and industry. The district, however, expressed in its letter a great deal of concern about the potential impacts that implementing AB 32, as suggested by the California Air Resources Board (CARB), will have on environmental regulations, the local environment, the economy and the development of renewable clean energy sources such as solar power.

AB 32 aims to reduce California greenhouse gas emissions (GHGs) to 1990 levels by 2020 and to 80 percent below 1990 levels by 2050. CARB is charged with determining the implementation plan for AB 32, which is scheduled to go in effect in 2012. Local air districts like the MDAQMD play an important role in that plan. The MDAQMD letter asks the governor to reconsider moving forward with regulations and implementation under AB 32 until a careful review of both scientific facts and impacts on California’s already existing regulatory scheme, jobs, the economy and the environment is prepared. 

The letter also requests that AB 32 not be implemented until the U.S. Environmental Protection Agency enacts federal uniform regulations on greenhouse gasses to avoid California being penalized in terms of loss of jobs and companies to neighboring states that either have much lower greenhouse gas emissions  requirements or none at all. In addition, the MDAQMD asks for a review of the current regulations dealing with new projects and describes the current regulatory scheme as an impediment to progress for the economy and the environment as the development of much needed environmentally sensible projects in California gets mired in unnecessary regulation. 

Click here for a copy of the MDAQMD letter.

For more details or if you have any questions, please contact BB&K attorney Piero Dallarda or your BB&K Environmental Law and Natural Resources attorney.

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Disclaimer: BB&K e-Bulletins are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.
 

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