Court rejects county climate plan

An appellate court has ruled San Diego County’s climate action plan intended to reduce greenhouse gas emissions is insufficient.

The decision by a panel of California’s 4th District Court of Appeal upholds a San Diego County judge’s decision in a suit brought by the Sierra Club, which argues the plan lacks the necessary specifics and enforcement mechanism to achieve the goals.

The county adopted the climate action plan as part of its 2011 General Plan update that guides land use throughout the unincorporated area.

Attorney Cory Briggs represented the Sierra Club at the trial court level and said the ruling issued Wednesday affirms the plan’s failure to achieve specific greenhouse gas reductions by 2020.

“The county did not live up the standard it set for itself,” Briggs said. “Its plan required things to be enforceable and the county promised to do a plan that had enforceable components, but what they ultimately did is all voluntary and fails to achieve the goals.”

The appellate court ruling said the plan does not fulfill the county’s commitment under the California Environmental Quality Act by specifically lacking detailed deadlines and measure to ensure emissions are reduced.

The county argued consideration of the environmental impact of the plan would be speculative. The appellate court wasn’t impressed.

“It is an abuse of discretion to reject alternatives or mitigation measures that would reduce adverse impacts without supporting substantial evidence,” the appellate court wrote. The court added that the Sierra Club has offered feasible mitigation measures the county has rejected without sufficient reason.

A county spokesman was not immediately available to discuss the ruling.

MARK WALKER