Update #3 on CEQA/AB32 Case: California Appellate Court Temporarily Stays Lower Court’s Ruling

CongressWe have previously blogged (here and here and here) about Association of Irritated Residents v. California Air Resources Board. You know… the San Francisco Superior Court case brought by environmental justice groups challenging the California Air Resources Board’s (CARB) environmental analysis of AB 32. We last reported that Judge Goldsmith had issued a final judgment narrowing and clarifying his ruling and that CARB filed an appeal.


Well, the saga continues. On Friday, the First Appellate District of the California Court of Appeal issued a very to-the-point order temporarily staying the lower court’s ruling pending the appellate court’s consideration of the issues. This means that CARB is free to work toward implementation of the cap and trade program created under AB 32… for now. This is not the last word by any means, however. The order states that the environmental groups and other appellees have until the 20th of this month to submit their oppositions to the writ of supersedeas (what CARB used to receive the temporary stay).
To be continued… again.