Posted on Categories Climate Change & EnergyTags , , ,

Judge favors Santa Rosa’s defense to developer’s lawsuit over city’s natural gas ban

Will Schmitt, THE PRESS DEMOCRAT

A Sonoma County judge has signaled he favors arguments made by Santa Rosa in a prominent local developer’s lawsuit that argues the city did not follow the proper process more than a year ago when it banned natural gas in most new residential developments.

Sonoma County Superior Court Judge Patrick Broderick on Wednesday held a virtual hearing about his recent tentative ruling in response to the allegations brought forward by Bill Gallaher, who owns the Gallaher Homes and Oakmont Senior Living companies, after the Santa Rosa City Council passed an all-electric rule in late 2019. The city passed the rule — known as a “reach code” because it’s an optional expansion on baseline energy efficiency standards — as a way to reduce energy use by buildings, shrinking the city’s carbon footprint.

That ruling would deny Gallaher’s request for Broderick or another judge to order Santa Rosa to “set aside” its approval of the all-electric rule, which generally requires new homes under four stories to be built without natural gas lines and requires electric appliances to heat food, air and water.

Read more at https://www.pressdemocrat.com/article/news/judge-favors-santa-rosas-defense-to-developers-lawsuit-over-citys-natura/

Posted on Categories Climate Change & EnergyTags , ,

Windsor pulls plug on all-electric rule to stave off lawsuits by developers

Will Schmitt, THE PRESS DEMOCRAT

Windsor has capitulated to developers who challenged the town’s ban on natural gas in most new homes, opting to end its all-electric rule to stave off potentially expensive litigation.

The Town Council on Wednesday voted unanimously, if regretfully, to delete the all-electric rule it passed in late 2019, when it became the first Sonoma County jurisdiction to ban natural gas in new residential construction under four stories starting in early 2020.

The vote to end the policy — known as a “reach code” because it’s a discretionary move beyond mandatory minimum building standards — is necessary to end the litigation under the terms of a settlement reached with the developers who sued, according to town officials.

But for Councilwoman Deb Fudge, a staunch supporter of the all-electric rule, the idea that Windsor had to abandon the climate-friendly policy under legal pressure was difficult to believe. She lamented the town’s inability to sufficiently fund its legal defense, which she estimated could cost up to $400,000, even after her efforts to drum up extra cash from private sector climate allies.

“It’s beyond comprehension that we have to fold and reverse our reach code because a rich developer can outspend us,” Fudge said.

Two developers, Bill Gallaher and the Windsor-Jensen Land Co., sued Windsor over the natural gas ban, with Gallaher also suing Santa Rosa over the city’s rule. The developers challenged the process by which the jurisdictions had passed their all-electric rules, citing the bedrock California Environmental Quality Act in their lawsuits.

Windsor’s quandary with its all-electric rule — to defend or disown — drew advocacy from across the North Bay and attention from across the state. Climate advocates urged town officials to defend the natural gas ban, seen as a small but key part of California’s struggle to curb the disastrous effects of global heating.
Continue reading “Windsor pulls plug on all-electric rule to stave off lawsuits by developers”

Posted on Categories Climate Change & EnergyTags , , , , ,

The fossil fuel industry wants you to believe it’s good for people of color

Sammy Roth, LOS ANGELES TIMES

The letter to Mexico’s energy minister offered a glowing review of a fossil fuel project in Baja California.

Writing in July, three U.S. governors and the chair of the Ute Indian Tribe praised the Energía Costa Azul project — which was seeking approval from the Mexican government — as “one of the most promising [liquefied natural gas] export facilities on the Pacific Coast.”

The letter was arranged by Western States and Tribal Nations, an advocacy group that says it was created in part to “promote tribal self-determination” by creating easier access to overseas markets for gas extracted from Native American lands.

But internal documents shared with The Times reveal that the group’s main financial backers are county governments and fossil fuel companies — including Sempra Energy of San Diego, which received approval this month to build the $1.9-billion facility in Baja. In fact, the group has just one tribal member, the Ute Indian Tribe.

Western States and Tribal Nations isn’t the only effort by fossil fuel proponents to cast themselves as allies of communities of color and defenders of their financial well-being.

The goal is to bulwark oil and gas against ambitious climate change policies by claiming the moral high ground — even as those fuels kindle a global crisis that disproportionately harms people who aren’t white.

Recent examples abound.

As protests rocked the United States after the police killing of George Floyd, a government relations firm whose clients include oil and gas companies told news media that the mayor of San Luis Obispo, Calif., was “getting a lot of heat” from the NAACP over a proposal to limit gas hookups in new buildings. That was proved false when the local NAACP chapter said it supported the policy.

Around the same time, Alaska’s all-Republican congressional delegation wrote a letter to federal officials complaining about the refusal of several banks to finance oil and gas drilling in the Arctic, writing that the banks were harming Alaska Natives by “openly discriminating against investment in some of the most economically disadvantaged regions of America.”

Some of the most contentious debates involve natural gas. The fuel is less polluting than coal, but an international team of scientists reported last year that planet-warming emissions from gas are rising faster than coal emissions are falling. A recent study in the peer-reviewed journal AGU Advances found that replacing coal with gas might do little good for the climate.

Continue reading “The fossil fuel industry wants you to believe it’s good for people of color”

Posted on Categories Climate Change & EnergyTags , , , , ,

Developer Bill Gallaher sues Santa Rosa over natural gas ban as city doubles down on climate goal

Will Schmitt, THE PRESS DEMOCRAT

Santa Rosa has a new goal of drastically reducing or offsetting its carbon emissions by 2030, a target set by city leaders this week hours after discussing one of many fronts in Santa Rosa’s fight to shrink its climate footprint: a lawsuit over the city’s pending natural gas ban for new homes.

The City Council in November, seeking to curb future use of fossil fuels in houses, unanimously approved the ban over the objections of home builders, who fear higher prices for all-electric homes will deter buyers. Some concerned residents also pointed to the recent reliance on natural gas during the series of prolonged power outages imposed last fall by PG&E to prevent its equipment from starting wildfires.

The city’s prohibition, which needs approval from state regulators, requires most new homes three stories or less to use appliances — stoves, water heaters, dryers — that run on electricity instead of natural gas.

But the ban now faces a lawsuit from local developer Bill Gallaher, owner of a Windsor-based home building company and a chain of senior living facilities located across California and Nevada. He and a development group also lodged separate lawsuits against Windsor last year over its natural gas ban, which is similar to the measure advanced in Santa Rosa. Dozens of municipalities in the state have considered or adopted a similar ban.

All three suits are pending in Sonoma County Superior Court. At least one mandatory settlement conference on the litigation against Windsor has taken place, and another such meeting with Santa Rosa is set for early February.

Santa Rosa council members discussed Gallaher’s lawsuit Tuesday in closed session, directing City Attorney Sue Gallagher to defend the city’s ordinance. In the open portion of the same meeting, the council unanimously adopted a resolution declaring a climate emergency and setting the citywide goal of carbon-neutrality by 2030 through a combination of reducing emissions and removing carbon dioxide from the atmosphere.

“I do think it would be a dereliction of duty if we did not take individual and systemic actions to curb our greenhouse gas emissions,” said Councilman Chris Rogers.

At his direction, city staff will develop a public tracker so residents — many of whom urged the council to take action Tuesday — can follow the city’s progress toward achieving its climate goals. In an interview Friday, Rogers noted that city officials were aware of the potential threat of litigation when they voted unanimously to adopt the natural gas ban and that the city might have to fight a lawsuit as a result.

Read more at https://www.pressdemocrat.com/news/10587634-181/developer-bill-gallaher-sues-santa