CARB Staff Pulls A Fast One

CARB Staff Pulls A Fast One: Rushed Workshop Raises Eyebrows Among Climate Advocates

By Paul Rosenberg, Senior Editor

A key California climate policy remains on a path that’s strikingly out of step with California’s overall climate goals, according to climate advocates who commented at the April 10 workshop on the Low Carbon Fuel Standard held by staff of the California Air Resources Board. Material for the workshop — including data that has been requested for months now — was not made public until just 24 hours before the workshop, severely hampering the possibility for a robust, deeply informed debate. Some, whose concerns had been marginalized, chose not to participate.

Almost 80% of California’s $4 billion clean transportation program went to subsidizing combustion fuels, rather than zero-emission vehicles and infrastructure last year, and climate advocates have argued that substantial changes are needed as CARB considers amending the plan. But the plan staff unveiled in December fell far short and lacked significant data, advocates argued vociferously in the initial comment period, leading staff to cancel the proposed March meeting for CARB’s board to vote on the proposal and announce an April public workshop instead. But rather than building trust by listening more to the public, the short advance time, and continued policy intransigence seemed to further erode trust.

“In the 24 hours staff has given us to see its modeling … we’ve reviewed what you’re proposing,” said Earthjustice senior attorney Nina Robertson. “Our conclusion is that it does not respond to the direction provided by the board in September and will not solve fundamental problems with the program that EJ and environmental groups have identified, and that many scientists have identified for years.”

A major concern is the unique favored treatment extended to dairy methane. Rather than being reduced via regulation, like other methane, methane produced via dairy digesters is treated as transportation fuel source, dramatically reducing greenhouse gas emissions, thus gobbling up 20% of the LCFS credits while delivering less than 1% of the state’s fuel energy — credits which fossil fuel companies can then purchase to allow them to continue to pollute.

While state law calls for CARB to regulate dairy methane this year, that’s being considered in a separate process, with no coordination in changing how it’s treated by the LCFS. What’s more, failure to address community concerns about health and environmental harms from dairy digesters were cited as the reason many Central Valley advocates refused to attend.

“CARB staff continues to ignore and push aside the issues raised by environmental justice communities regarding manure-based fuels,” said Brent Newell, an attorney representing the Leadership Council for Justice and Accountability. “I find it very difficult to both participate in this Workshop and also prepare comments for CARB now moving forward without staff having discussed those issues in this workshop.”

Afterwards, Random Lengths sought further comments, with limited success. But that doesn’t mean nothing’s happening, as Robertson explained:

“After raising concerns about the process and substance failures of this rulemaking for over a year, community representatives and environmental justice groups have come to the conclusion that they need to hold their own workshop to ensure CARB board members get the facts and directly engage with impacted people. At this Community Workshop, we look forward to the opportunity to present our solutions to this broken, combustion-focused program. The LCFS can and should be transformed to boost zero-emissions solutions and eliminate harms to frontline communities.”

Written comments are still being taken, and Random Lengths will report on the full range of issues raised in them, as well as in the community workshop being planned.