News
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September 29, 2020
The Center for Biological Diversity’s petition to list the western Joshua tree (Yucca brevifolia) as a threatened species pursuant to the California Endangered Species Act has been accepted by the California Fish and Game Commission (CFGC). By a unanimous 4-0 vote, the CFGS’s acceptance advances the western Joshua tree to candidacy for protected status.
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San Diego County’s Climate Action Plan Rejected Again, Carbon Offset Program Determined to Be Unlawful
In a huge win for the environment and for all San Diegans, seven environmental groups, represented by Chatten-Brown, Carstens & Minteer, successfully challenged San Diego County’s most recent Climate Action Plan. The 4th District Court of Appeal ruled that the County of San Diego’s Climate Action Plan and its environmental analysis are inadequate. This is the sixth successful ruling for the environmental groups regarding the County’s Climate Action Plan in the past decade. The key reasons for the decision include:
The environmental groups included Sierra Club, the Center for Biological Diversity, Cleveland National Forest Foundation, Climate Action Campaign, Endangered Habitats League, Environmental Center of San Diego, and Wild Santee. |
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Josh Chatten-Brown stated:
"The Court of Appeal agreed with us that San Diego County’s carbon offset program, designed to facilitate new sprawl projects in undeveloped areas by allowing out-of-county, and even international greenhouse gas offsets, is unlawful. This is because the County’s program does not ensure that the emission reductions will be verifiable, enforceable, and additional to what would otherwise occur.
This decision will slow, if not stop, sprawl developments that would jeopardize the County’s ability to achieve its fair share of a reduction in greenhouse gases to avoid climate catastrophe. The County will have to consider a new Climate Action Plan that evaluates a smart growth alternative and ensures that the promised greenhouse gas emission reductions will actually occur."
In addition to receiving pressure from both the courts and environmental groups to take deliberate, meaningful actions to address climate change, other government representatives are weighing in.
In the words of San Diego County Supervisor Nathan Fletcher, “Our county has ignored the undeniable facts about climate change for too long. Let’s redirect our energy towards creating a Climate Action Plan that implements real change.”
Attorney General Xavier Becerra also celebrated the ruling, saying “Victories like this will help California get back on track to meet its greenhouse gas reduction goals.”
"The Court of Appeal agreed with us that San Diego County’s carbon offset program, designed to facilitate new sprawl projects in undeveloped areas by allowing out-of-county, and even international greenhouse gas offsets, is unlawful. This is because the County’s program does not ensure that the emission reductions will be verifiable, enforceable, and additional to what would otherwise occur.
This decision will slow, if not stop, sprawl developments that would jeopardize the County’s ability to achieve its fair share of a reduction in greenhouse gases to avoid climate catastrophe. The County will have to consider a new Climate Action Plan that evaluates a smart growth alternative and ensures that the promised greenhouse gas emission reductions will actually occur."
In addition to receiving pressure from both the courts and environmental groups to take deliberate, meaningful actions to address climate change, other government representatives are weighing in.
In the words of San Diego County Supervisor Nathan Fletcher, “Our county has ignored the undeniable facts about climate change for too long. Let’s redirect our energy towards creating a Climate Action Plan that implements real change.”
Attorney General Xavier Becerra also celebrated the ruling, saying “Victories like this will help California get back on track to meet its greenhouse gas reduction goals.”
Read the Court's decision online or download it here:
Additional articles and commentary regarding this decision in the media:
San Diego Union-Tribune Article: Court tosses San Diego County climate plan, calls carbon-offset program ‘unlawful’
San Diego Union-Tribune Editorial: Time for San Diego County to finally craft a legal Climate Action Plan
Los Angeles Times Article: Court calls San Diego County carbon-offset program 'unlawful'
Lexology provides an analysis of the impact of the case: County of San Diego's Latest Effort to Adopt an Adequate Climate Action Plan Fails
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July 29, 2019
The Daily Journal profiles the firm in "Environmental Warriors: Chatten-Brown, Carstens & Minteer use CEQA and other weapons in suits to protect nature." |
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December 28, 2018
San Diego County Leaders Pressured by Environmental Groups to Adopt New Climate Action Plan
For the third time, a coalition of environmental groups have challenged County of San Diego leaders to adopt an acceptable climate action plan.
The county's current climate action plan fails to comply with both state and county emissions reduction goals, according to this latest San Diego District Court ruling.
KPBS reports on the ruling here: https://www.kpbs.org/news/2018/dec/28/environmental-groups-call-county-leaders-adopt-new/
San Diego County Leaders Pressured by Environmental Groups to Adopt New Climate Action Plan
For the third time, a coalition of environmental groups have challenged County of San Diego leaders to adopt an acceptable climate action plan.
The county's current climate action plan fails to comply with both state and county emissions reduction goals, according to this latest San Diego District Court ruling.
KPBS reports on the ruling here: https://www.kpbs.org/news/2018/dec/28/environmental-groups-call-county-leaders-adopt-new/
March 15, 2016
Two Chatten-Brown & Carstens' Attorneys Receive Prestigious California Lawyer Attorney of the Year Awards
On March 15, 2016, in San Francisco, the Daily Journal and California Lawyer magazine honored Jan Chatten-Brown and Douglas Carstens for helping to achieve a landmark legal victory against sprawl development near Los Angeles with the prestigious “California Lawyer Attorney of the Year” award, commonly known as the “CLAY Award.” The CLAY Awards honor attorneys across the state for work with a significant impact over the past year. Jan and Doug were part of an all-star team that included the Center for Biological Diversity, UCLA Law School Professor Sean Hecht and Jason Weiner for the Wishtoyo Foundation.
The 2015 California Supreme Court decision in Center for Biological Diversity v. Department of Fish and Wildlife will force state officials to reconsider threats to protected wildlife and the climate posed by the planned Newhall Ranch development, and set a precedent for how future projects will be considered.
In its November ruling, the Supreme Court upheld a challenge by the Center and other organizations to the California Department of Fish and Wildlife’s compliance with the California Environmental Quality Act and wildlife laws in approving the Newhall Ranch development. The court’s opinion provides important guidance on how public officials must address the impacts of climate change and avoid harm to some of California’s most rare and highly protected fish and wildlife.
Jan and Doug have worked on Newhall Ranch related issues since 1999 when they were part of the team that obtained a trial court victory setting aside the County of Los Angeles’ approval of a specific plan for the project, requiring the County to address water supply and Sensitive Ecological Area issues. The latest ruling will serve as a precedent not only for the reconsideration of the Newhall Ranch project, but as a precedent binding on all public agencies across the state.
April 8, 2015
Community Groups File Lawsuit Against Contentious One Paseo Project
A massive development project planned for the San Diego neighborhood of Carmel Valley had multiple problems with its environmental documents according to a lawsuit filed today by three community groups – the Alliance for Responsible Development, the East Bluff Community Association, and Mitigate One Paseo. The groups, composed of residents concerned about the impact of the One Paseo project on their communities, and traffic and safety impacts in the wider, North County area, are challenging the contentious project, which is also the subject of a recent referendum campaign.
NBC - Lawsuits Filed Against One Paseo
KPBS - Two Lawsuits Filed Against One Paseo Development
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October 30, 2014
Sierra Club Prevails in Lawsuit Challenging San Diego County's Climate Action Plan
The Court of Appeal for the Fourth District handed the Sierra Club a major victory, agreeing with the Sierra Club and the trial court that the County of San Diego failed to prepare a comprehensive and enforceable Climate Action Plan and the County’s adopted Climate Action Plan failed to mitigate the impacts of climate change consistent with state law.
KPBS - Court Rules Against San Diego County Climate Action Plan
San Diego Union-Tribune - Court Rejects County Climate Plan
San Diego Reader - Greenhouse Gas Plan Inadequate
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