Back in 2011, the County committed to prepare a Climate Action Plan, or CAP, to mitigate its governmental operations and the buildout of the General Plan. Later, during the comment period, EHL asked that the CAP address the transportation and land use sectors to reduce greenhouse gas emissions (GHGs). However, when it was eventually adopted in 2018, the plan went the absolute wrong direction. It allowed developers to bust open the town-centered General Plan for projects with long automobile commutes using inexpensive “carbon offsets.” These are notorious for not producing real GHG reductions and are typically unenforceable. The offsets could even be in foreign countries. A Climate Action Plan that enabled sprawl was the last thing a legitimate plan would do!

Litigation against the plan was led by the Sierra Club, and later joined by EHL and other groups. The Superior Court found that the CAP violated the California Environmental Quality Act (CEQA), including through the use of flawed mitigation, and the County’s own General Plan. The Court also determined that “smart growth” alternatives addressing transportation and land use should have been considered. Affirmed on appeal, this decision stopped a disastrous series of pending General Plan amendments that relied on the CAP.  

Given the opportunity to reconsider, the County revised the CAP to eliminate the carbon offsets and the special provisions for General Plan amendments. Finally, in September 2024, a revised CAP was adopted. The Board of Supervisors included a smart growth approach which was strongly supported by conservation and climate groups. Called the “Fire Safe and Vehicle Miles Traveled Efficient” alternative, it will incentivize new development outside of fire danger zones and close to jobs and services, such as infill. While a major step forward, the timing of its implementation is currently problematic, as it could take years. The conservation groups will work with the County to advance this process more quickly.

In addition to GHG reduction measures in sectors like energy, solid waste, and water, the CAP provides a streamlined “checklist” for development projects which are consistent with the General Plan to mitigate their GHG impacts. This assists new housing production. And importantly, a minimum of 20% of expenditures under the CAP will help disadvantaged communities adapt to climate change through an equity fund.

The major improvements to the original CAP were made possible by litigation, showing the huge value of CEQA. The CAP also very much reflects new thinking by new leaders on the Board of Supervisors, who are committed to both housing and the environment and do not see them in conflict. EHL will closely monitor the progress of the smart growth approach.

Through 12 years of litigation, the environmental groups were represented by Josh Chatten-Brown, now the managing partner of Chatten-Brown Law Group.