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Comment 2 for Draft Proposed First Update to the Climate Change Scoping Plan (proposed-sp-ws) - 1st Workshop.
First Name: Theodore
Last Name: Hadzi-Antich
Email Address: tha@pacificlegal.org
Affiliation: Pacific Legal Foundation
Subject: Comments on Proposed First Update to the Climate Change Scoping Plan
Comment:
To the extent that the Proposed First Update to the Climate Change Scoping Plan (the "Update") purports to administratively initiate policies, procedures, rules, or criteria for reducing greenhouse gas emissions in California beyond the levels required to be achieved by the year 2020 under AB 32, the Update is ultra vires because it is not authorized by AB 32 or any other statute. Reliance on an executive order issued prior to or after the enactment of AB 32 to initiate action to reduce greenhouse gas emissions between 2020 and 2050 is misplaced because AB 32 does not include or authorize any substantive emissions reduction requirements other than achievement and maintenance of the 2020 greenhouse gas emissions goals. Because the Update goes beyond the 2020 goals of AB 32, it is improper to refer to it as "Pursuant to AB 32," as set forth on the title page of the Update. At most, any policies, procedures, rules, or criteria set forth in the Update may be considered as proposals for legislation. No government funds are authorized to be spent in an effort to further any such proposals unless and until authorized by legislation duly signed by the Governor. And any effort by CARB or other state agencies to implement greenhouse gas reduction goals beyond the 2020 goals set forth in AB 32 without additional legislative authorization is subject to court challenge because such efforts are and will continue to be ultra vires administrative acts and, therefore, void.
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Date and Time Comment Was Submitted: 2014-02-11 13:34:22
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