Lawsuits deliver for youth, will Laguna Beach?

The Climate Protection Action Plan (CPAP) written in 2008 gave greenhouse gas (GHG) reduction targets as 7% reduction below 1990 levels no later than 2012 (page v). Laguna Beach baseline emissions are reported on page 7 and reduction targets in Table 3 Appendix C.

Under Policies rhe Laguna Beach General Plan Circulation Element reads "Continue to investigate new techniques which promote the balancing of principles that roads are not just for cars; that residents have a right to the best quality of life, which includes the least noise possible, the least pollution  possible, the safest environment possible and an  environment which fosters a rich community life."  

The Laguna Beach Parking Transportation and Circulation  Committee recommends improving circulation in the city: "Our present trends  toward the excessive use of the automobile must be reversed and the automobile must  begin to be supplemented by more efficient and attractive transportation and circulation  system."   

The Forest Promenade as conceived meets the CPAP emissions target goals and General Plan policy, the 9-parking structures costing minimum $326 million do not.    

COMPLETE STREETS POLICY is consistent with all three recommendations above. Recent legal case law shows the oversight bodies are ruling in favor of GHG reductions. In a recent decision in Montana the court ruled in favor of youth plaintiffs challenging State's failure to recognize GHG's and climate change. From the case:

Based on its findings of fact, the court ruled that the youth plaintiffs have proven injury “resulting from the State’s failure to consider GHGs and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness.”

A key dispute from the case was whether Montana's small fraction of global emissions contributed enough to matter, the state argued cutting Montana's emissions were unimportant. The court definitively rejected the state's claim acknowledging every bit of GHG emission mattered affecting reductions.

 “Every additional ton of GHG emissions exacerbates Plaintiffs’ injuries and risks locking in irreversible climate injuries.” These injuries “will grow increasingly severe and irreversible without science-based actions to address climate change.” 

This finding is vitally important— eviscerating the argument of any country, state, corporation or city actor that their portion of emissions is too small.

Recent case law shows similar judgements to the Montana case:

Dismissal to GHG reduction target 50%  EmpowerNJ vs Department of Environmental Protection

Youth vs State over due process rights Natalie vs State of Utah

Challenge to the City of San Diego's 2022 Climate Action Plan for allegedly failing to include mechanisms to ensure that its objectives would be achieved.  Climate Action Campaign vs City of San Diego

 "On the strongly positive side, however, the clear acceptance of the facts of climate change and the strength of climate science will make future attempts in court cases to dismiss climate science untenable."  -Bulletin of the Atomic Scientists

-LS