COSTA MESA, CA-California is among the first states to aggressively attempt to regulate climate change through land use regulation. First AB 32, and the Governor’s follow on executive orders, and most recently SB 375. AB 32 grants virtually unlimited authority to the California Air Resources Board to adopt regulations on “any source of green house gas emissions” in order to achieve the targets set by AB 32. These targets are to reduce emissions to 1990 levels by 2020 and to further reduce GHG emissions to 80% below 1990 levels by 2050. These regulations could include land use regulations.

The subsequently enacted SB 375, in contrast, focuses entirely on land use regulations, with a program intended to address GHG emissions from automobiles and light trucks. Whether CARB will defer to the SB 375 regulatory scheme with regard to land use or adopt its own regulations is an open question.

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