Legal News

Emissions permits at issue again in court rematch

By Richard Binder

State Sen. Rod Wright is carrying a bill that would essentially overturn a sweeping court ruling last fall that halted hundreds of modernization and construction projects across Southern California, due to being unable to obtain air emissions permits needed to move forward. Wright is joined by the South Coast Air Quality Management District and a coalition of industry, business and public-sector backers.

Wright says the stalled projects must advance to speed the state's recovery from recession.

At issue is an esoteric system used by AQMD to allow access to its internal bank of emissions credits, which must be obtained by public and private projects to offset air pollution from new equipment. In 2007, the district changed its rules to allow companies proposing new power plants to pay for those internally held credits at below-market rates. That move provoked outrage from environmental groups that were opposed to the new plants; a coalition including the Natural Resources Defense Council sued and won.

Wright's bill would allow the credit system to be set up again without a review required under the California Environmental Quality Act, which is anathema to the NRDC.

"It's an end-run around our victories in L.A. Superior Court, and it appears to be an effort on the part of the district to change the law because it feels it cannot comply with it," said Tim Grabiel, an attorney with the Natural Resources Defense Council.

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Full post as published by Legal Pad | LA on May 04, 2009 (boomark / email).