Description: Lawsuit alleging that provisions of 2017 scoping plan under the Global Warming Solutions Act are unlawful, unconstitutional, and exacerbate poverty.
The Two Hundred v. California Air Resources Board
Filing Date Type File Action Taken Summary 04/27/2018 Petition for Writ of Mandate Download Verified petition for writ of mandate and complaint filed. Civil Rights Leaders Challenged Greenhouse Gas Reduction Measures. A group of civil rights leaders filed a lawsuit in April 2018 in California Superior Court to challenge measures in the California Air Resources Board’s (CARB’s) 2017 Scoping Plan under the Global Warming Solutions Act of 2006. The petitioners said the measures were unlawful, unconstitutional, and would exacerbate a housing-induced poverty crisis. Their petition asserted that CARB’s “cumulative gap” reduction metric, which required a “straight line trajectory” to reach the 2030 greenhouse gas emissions reductions target, was unlawful. The petition also identified four housing measures that the petitioners alleged would be counterproductive and would disproportionately harm minorities: (1) a “standalone” vehicle miles traveled (VMT) reduction requirement, (2) a “net zero” greenhouse gas threshold for all projects subject to CEQA, (3) per-capita greenhouse gas targets for local climate action plans, and (4) “Vibrant Communities” policies that incorporate the foregoing standards. The petition asserted violations of the California Fair Employment and Housing Act, the Federal Housing Act and Department of Housing and Urban Development regulations, CEQA, the California Administrative Procedure Act, the California Health and Safety Code, and the Congestion Management Plan Law. The petitioners also asserted violations of due process and equal protection and that CARB acted outside its authority.