Bay Area Citizens v. Ass'n Bay Area Gov'ts
Annotate this CaseThe 2008 Sustainable Communities and Climate Protection Act (SB 375), was enacted to reduce greenhouse gas emissions. Earlier measures empowered the Air Resources Board to enact statewide mandates to reduce emissions. SB 375 empowers the Board to set targets for regional planning agencies to reduce emissions from automobiles and light trucks and requires each regional agency, after extensive planning, to develop a “sustainable community strategy” to meet those targets using regional land use and transportation policies. In 2010, the Board issued targets for the Bay Area region, calling for the Metropolitan Transportation Commission and the Association of Bay Area Governments to develop strategies that would result in per capita percentage reductions in emissions of 7 percent by 2020 and 15 percent by 2035, as compared to emissions in 2005. These reductions were to be in addition to those expected from pre-existing statewide mandates. The Agencies updated the regional transportation plan and prepared their first sustainable communities strategy, “Plan Bay Area” and approved a final environmental impact report. The Board accepted the Agencies’ determination that Plan Bay Area would meet its emission reduction targets. Citizens offered an alternative plan that counted on reductions expected from pre-existing statewide mandates and challenged the environmental impact report and the Plan aa “draconian.” The trial court, concluding that reliance on pre-existing statewide mandates to meet the regional targets would constitute improper double counting not permitted by SB 375, denied Citizens’ petition. The court of appeal affirmed. Citizens’ approach was contradicted by SB 375’s emphasis on regional innovations and legislative declarations and findings.
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