A California court has held that an environmental review of a proposed Wal-Mart was inadequate under the California Environmental Quality Act, where the environmental review failed to properly analyze the project’s regional air pollution impacts, including the potential adverse impacts of greenhouse gas emissions.  The case, Center for Biological Diversity v. Town of Yucca Valley (Cal. Sup. Ct. CIVSS800607, May 14, 2009), addresses an emerging issue facing many large-scale developments which are required to comply with state or federal environmental review laws.  On the state level, the issue of evaluating climate change impacts has–until recently–been largely shaped by administrative guidance, state legislative action, and executive orders.   The Yucca Valley decision will likely be among the first of many court decisions on this issue, as GHG impact analysis issues are litigated more frequently in coming months and years.

Posted on Monday, May 18th, 2009 at 1:00 pm. Filed under Climate Change Law, Emerging Issues, Environmental Impact Review.
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