By Joshua Emerson Smith : sandiegouniontribune – excerpt
County supervisors (left to right) Greg Cox, Bill Horn and Ron Roberts vote in September 2018 to approve the controversial Newland Sierra housing project, one of several projects relying on carbon-offset credits as part of the county’s embattled plan to fight climate change. (John Gibbins / San Diego Union-Tribune)
A county plan that would allow housing developers to pay their way around restrictions on greenhouse-gas emissions looks increasingly to be on shaky legal ground.
The Sierra Club has challenged the plan in court as part of its longstanding fight with the agency over its so-called climate action plan.
A superior court judge issued a tentative ruling in the case on Thursday scolding the Board of Supervisors for its strategy to recognize the purchase of carbon offsets anywhere in the world, rather than forcing home builders to limit climate pollution locally.
The offset strategy doesn’t comply the county’s 2011 general plan, which called for drafting a climate blueprint to reduce emissions within its jurisdiction, wrote Judge Timothy B. Taylor.
“As such, the county violated its general plan and the planning and zoning law by allowing the free use of out-of-county (greenhouse-gas) offsets for projects within the county,” he wrote in the tentative decision.
“The people of the county have a right to expect more from their elected officials …,” he added… (more)