After years of debate, analysis of greenhouse gas emissions is now an accepted part of required review under the California Environmental Quality Act. However, determining what amount of greenhouse gas emissions would result in a significant impact remains in flux.

The question of the proper threshold was thrown into further disarray on March 5, when Alameda County Superior Court Judge Frank Roesch ordered that the Bay Area Air Quality Management District set aside CEQA air quality thresholds it adopted in 2010. (California Building Industry Association v. Bay Area Air Quality Management District, RG10-548693.) Ironically, the reason the thresholds were struck down was that the air district itself failed to analyze the potential environmental impact of the thresholds pursuant to CEQA before their adoption.

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