The California Court of Appeal affirmed a trial court judgment that San Diego County’s greenhouse gas mitigation measures for two housing developments were inadequate under CEQA. The appellate court found that the mitigation measures suffered from the same deficiencies that the court previously identified in 2020 in Golden Door Properties, LLC v. County of San Diego for mitigation measures included in EIR for the County’s Climate Action Plan: they lacked enforceable performance standards and they impermissibly delegated and deferred the determination of whether greenhouse gas offsets were real, permanent, verifiable, quantifiable, enforceable, and additional. The court did not weigh in on whether the mitigation measures were compliant with the County’s general plan update since the general plan’s greenhouse gas-related provisions remained in flux due to ongoing litigation and because the mitigation measures had already been deemed not to comply with CEQA.

Challenge to San Diego County's approval of residential developments, allegedly without complying with requirements for enforceable measures to mitigate greenhouse gas emissions.

Sierra Club v. County of San Diego

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California Court of Appeal Agreed that Greenhouse Gas Mitigation Measures for San Diego Housing Projects Were Inadequate

Filed

United States of America

California

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Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives

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A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Production of electricity and heat from solar irradiation.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector provides communication services, software development, and IT solutions.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

California Court of Appeal Agreed that Greenhouse Gas Mitigation Measures for San Diego Housing Projects Were Inadequate

Target

Policy instrument

Risk

Renewable energy

Greenhouse gas

Economic sector

Finance