FEATURE ARTICLE

June 2007

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Greenhouse Gas Emissions and Climate Change: CEQA Catches Up with Science, Celebrities, and Product Placement

A few years back, it seemed unimaginable that any resource area could displace water as the preferred target of the California Environmental Quality Act (Pub. Resources Code § 21000, et seq.) (CEQA). But litigation thrives on uncertainty, and the introduction of novel topics is the quickest and surest route to creating that uncertainty. Accordingly, within the last year, project opponents have noted the ever-increasing body of scientific and regulatory discussions regarding the impact of greenhouse gas emissions on climate change, and are driving public agencies and project proponents to examine whether, and how, those topics must be addressed for purposes of CEQA. This article identifies the potential circumstances in which CEQA may require discussion of greenhouse gas emissions and climate change as well as practical advice for crafting such discussions.