Battling The Bush Administration’s Environmental Obstructionism

Wins "Roadless Rule" Victory, Protecting 40 Million Acres of Forest Land from Development. Attorney General Edmund G. Brown Jr. today won a "profoundly important decision," protecting 40 million acres of pristine forest land from development by reinstating a 2001 rule banning road building and commercial logging that had been repealed by the Bush Administration. ("Brown Wins "Roadless Rule" Victory, Protecting 40 Million Acres of Forest Land from Development," Press Release 8/5/2009)

Signs on to Agreement for Nationwide Adoption of California's Vehicle Emissions Standards. Attorney General Edmund G. Brown Jr. today signed on to an "historic agreement" between the Obama Administration, the State of California and automakers that will lead to the nationwide adoption of California's stringent vehicle emissions standards. ("Brown Signs on to Agreement for Nationwide Adoption of California's Vehicle Emissions Standards" Press Release 5/19/09)

Praises EPA's Preliminary Determination that Greenhouse Gases Endanger Public Health or Welfare. Attorney General Edmund G. Brown Jr. today commended the Environmental Protection Agency for taking the federal government's "first concrete step toward curbing global warming" by issuing a proposed determination that greenhouse gases endanger public health or welfare. ("Brown Praises EPA's Preliminary Determination that Greenhouse Gases Endanger Public Health or Welfare" Press Release 4/17/09)

Urges Obama Administration to Allow California to Enforce Tough Greenhouse Gas Emissions Law. Attorney General Edmund G. Brown Jr. today urged the Obama Administration to overturn the Bush EPA's "illegal and shortsighted" denial of California's request to carry out its state law requiring a 30% reduction in tailpipe greenhouse gas emissions. ("Brown Urges Obama Administration to Allow California to Enforce Tough Greenhouse Gas Emissions Law" Press Release, 3/5/09 and Press Release, 4/7/09)

Won Reversal Of Weak Bush-Era Air Pollution Standards. Attorney General Brown announced that a coalition of 18 states and cities have won reversal of controversial Bush-era pollution standards “justified by nothing more than junk science” and which threatened to undermine public health…The decision, issued by the federal Court of Appeals for the D.C. Circuit, agreed with the coalition that the Bush EPA had acted illegally in issuing weak air pollution standards for fine soot, acting against the advice of EPA professional staff and EPA's own scientific advisory committee. (“Brown Announces Victory Against Weak Bush-Era Air Pollution Standards,” Press Release, 2/24/09)

Fighting For California’s Right To Curb Tailpipe Emissions. Attorney General Brown urged the Obama Administration to overturn the Bush EPA's “illegal and shortsighted” denial of California's request to carry out its state law requiring a 30% reduction in tailpipe greenhouse gas emissions. (“Brown and 14 States Urge Obama Administration to Allow California to Enforce its Greenhouse Gas Emissions Law,” Press Release, 4/07/09); (“Brown Urges Obama Administration to Allow California to Enforce Tough Greenhouse Gas Emissions Law,” Press Release, 3/05/09); (“Attorney General Brown Urges EPA to Address Global Warming Using Existing Clean Air Act Authority,” Press Release,12/01/08)

Sued EPA For Illegally Blocking California’s Plan to Curb Tailpipe Emissions. Attorney General Brown, on behalf of the State of California, sued the United States Environmental Protection Agency for “wrongfully and illegally” blocking the state's landmark tailpipe greenhouse gas emissions standards. Brown filed the lawsuit in the U.S. Court of Appeals for the 9th Circuit to challenge the EPA's denial of California's request to implement its emissions law-which requires a 30 percent reduction in motor vehicle greenhouse gas emissions by 2016. California's new standards require federal approval in the form of a waiver from the EPA. EPA Administrator Stephen Johnson denied California's request on December 19, 2007 in a letter to Governor Arnold Schwarzenegger. (“Brown Sues EPA for Illegally Blocking California's Plan to Curb Tailpipe Emissions,” Press Release, 1/02/08)

Sued Federal Government For Adopting Illegal Forest Management Plans Permitting Road Construction And Oil Drilling In California’s Largest National Forests. California Attorney General Brown and Secretary for Resources Mike Chrisman sued the United States Forest Service for adopting "illegal forest management plans" that permit road construction and oil drilling in California's largest national forests. (“Brown Sues Federal Government For Jeopardizing Wildlife and National Forests,” Press Release, 2/28/08)

Took EPA To Court For Ignoring Supreme Court Mandate In April 2008. (“Brown Takes EPA To Court For Ignoring Supreme Court Mandate,” Press Release, 4/02/08)

Sued To Overturn Bush Administration Rules Undermining Endangered Species Act. California Attorney General Brown has filed suit in federal court to block an “audacious attempt” by the Bush Administration to gut provisions in the Endangered Species Act mandating scientific review of federal agency decisions that may threaten endangered species and their habitat. (“Attorney General Brown Sues to Overturn Bush Administration Rules Undermining Endangered Species Act,” Press Release, 12/30/08)

Repeatedly Opposed Efforts By The Bush Administration To Push Inadequate, Misguided Gas Mileage Standards Throughout 2007 And 2008. (“Brown Exposes Covert Federal Preemption In New Gas Mileage Standard,” Press Release, 4/22/08); (“Attorney General Brown Hails Court's Rejection of Federal Gas Mileage Standards,” Press Release, 11/15/07); (“Brown Says Bush 'Dangerously Misguided' On Gas Mileage Rules,” Press Release, 5/14/07); (“Brown Chides Bush Over Flimsy Environment Proposal,” Press Release, 5/14/07)

Demanded EPA Obey Supreme Court Mandate In January 2008. (“Brown To EPA: Obey Supreme Court Mandate,” Press Release, 1/23/08)

Blasted EPA For Betraying Public Trust In January 2008. (“Brown Blasts EPA For Betraying Public Trust,” Press Release, 1/10/08)

Criticized EPA Decision To Deny California’s Waiver, Committed To Ongoing Legal Action In December 2007. (“Brown Blasts EPA Decision,” Press Release, 12/19/07)

Sued EPA For Stonewalling California’s Request To Curb Tailpipe Emissions. In a precedent setting lawsuit, California Governor Arnold Schwarzenegger and Attorney General Brown sued the U.S. EPA, to force the agency to take action on California's request to curb greenhouse gas emissions from motor vehicles. The lawsuit, filed in Washington D.C., charges the EPA with an unreasonable delay in reaching a decision on California's landmark law, known as the Pavley bill, which mandates a 30 percent reduction in motor vehicle emissions by 2016. (“California Sues EPA For Stonewalling Landmark Global Warming Law,” Press Release, 11/08/07)

Announced Plans To Sue EPA For Failing To Regulate Industrial, Aircraft And Ship Emissions. California Attorney General Brown announced California's plan to sue the U.S. EPA for continuing to “wantonly ignore its duty” to regulate greenhouse gas pollution from ships, aircraft, and construction and agricultural equipment. (“Ca. Atty. Gen. Brown To Sue EPA For Failing To Regulate Ship, Aircraft And Industrial Emissions,” Press Release, 7/31/08)

Sued EPA For Subverting Disclosure Of Toxic Emissions From Industrial And Manufacturing Facilities. Charging the federal government with “subverting a key public safety measure,” California Attorney General Brown sued the U.S. Environmental Protection Agency for allowing companies to hide information about toxic chemicals at thousands of facilities around the United States. Brown joined eleven other states in challenging the EPA's decision to weaken the Toxic Release Inventory, a program which requires facilities to report annual quantities of toxic chemicals emitted by refineries, chemical plants, and other manufacturing facilities. (“Brown Sues EPA For Subverting Toxic Disclosure Rules,” Press Release, 11/28/07)

Other Environmental Actions

Removed Pollution-Causing Products from Store Shelves. Attorney General Edmund G. Brown Jr. announced a court judgment against Pro's Choice Beauty Care, Inc., a New York-based hair care product distributor, blocking the company from selling "pollution-causing" products that also exacerbate respiratory illnesses. ("Brown Removes Pollution-Causing Products from Store Shelves," Press Release 3/16/2010)

Wins $19.5 Million Judgment Against Shell Oil Co. for Environmental Violations at its Gas Stations. After finding "hundreds of environmental violations" at Shell gasoline stations statewide, Attorney General Edmund G. Brown Jr. announced that his office has secured a $19.5 million judgment against the oil company and its affiliates, which will ensure compliance with the state's hazardous waste and underground fuel storage laws. ("Brown Wins $19.5 Million Judgment Against Shell Oil Co. for Environmental Violations at its Gas Stations," Press Release 11/6/2009)

Forced U-Haul to Improve Handling of Hazardous Materials. Attorney General Edmund G. Brown Jr. and eight District Attorneys today reached an agreement requiring U-Haul Company of California to "clean up its act" and improve the way it handles and disposes of hazardous materials at its 179 regulated facilities throughout the state. ("Brown and 8 District Attorneys Force U-Haul to Improve Handling of Hazardous Materials," Press Release 8/21/2009)

Sues Target for Illegal Disposal of Hazardous Waste. Fighting to protect Californians from exposure to "toxic and corrosive" chemicals, Attorney General Edmund G. Brown Jr., 20 district attorneys and the Los Angeles City Attorney filed legal action against Target Corporation to block the retailer from continuing to illegally dump hazardous waste in local landfills. ("Brown and District Attorneys Sue Target for Illegal Disposal of Hazardous Waste," Press Release 6/15/2009)

Sues Gas Station Chain for Endangering Inland Empire Groundwater Supplies. Attorney General Edmund G. Brown Jr. has filed suit against a national gas station chain - TravelCenters of America - to force the corporation to comply with underground fuel storage laws it has "knowingly and repeatedly disregarded" for years. ("Brown Sues Gas Station Chain for Endangering Inland Empire Groundwater Supplies" Press Release 4/13/09)

Fought Multiple Attempts By The Auto Industry And Lawmakers Throughout 2007 To Gut California’s Global Warming Laws. (“Attorney General Brown Opposes Automaker's Motion to Dismiss California's Landmark Global Warming Lawsuit,” Press Release, 2/01/07); (“Brown Blasts Congressional Effort to Gut Clean Air Act,” Press Release, 6/07/07); (“Brown Blasts Partisan Attack on California's Global Warming Laws,” Press Release, 7/25/07); (“Attorney General Brown Criticizes Covert Attack On Landmark Greenhouse Gas Law,” Press Release, 8/01/07); (“Brown Urges Congress To Protect California's Motor Vehicle Greenhouse Gas Law,” Press Release, 11/09/07); (“Brown Hails Court Rejection Of Automaker Challenge to Tailpipe Emissions Law,” Press Release, 12/12/07)

Called For EPA To Curb Greenhouse Gas Emissions From Industrial Equipment In January 2009. California Attorney General Brown petitioned the U.S. Environmental Protection Agency to regulate greenhouse gas emissions from construction, mining, agricultural, industrial equipment-machines which annually emit as much carbon dioxide as approximately 40 million cars. (“Brown Urges EPA To Curb Greenhouse Gas Emissions From Industrial Equipment,” Press Release, 1/29/08)

Called On EPA To Set Greenhouse Gas Emission Limits For Aircraft In December 2007. Calling aviation a “large and rapidly growing source” of greenhouse gas emissions, California Attorney General Brown petitioned the United States Environmental Protection Agency to adopt global warming regulations for aircraft. (“Attorney General Brown Calls For Aircraft Greenhouse Gas Emission Limits,” Press Release, 12/05/07)

Pushed For EPA To Adopt Greenhouse Gas Emission Regulations For Ocean-Going Vessels In October 2007. Citing the “threat of global climate disruption,” California Attorney General Brown joined three national environmental organizations in petitioning the United States Environmental Protection Agency to adopt strict greenhouse gas regulations for ocean-going vessels. The petition asks the EPA to make specific findings that ships significantly contribute to global warming. (“Brown Calls Upon EPA to Curb Greenhouse Gases From Ocean-Going Vessels,” Press Release, 10/02/07)

Sued Riverside Cement Plant For Exposing Community To Potent Carcinogen. California Attorney General Brown and District Attorney Rod Pacheco sued TXI International, a Riverside cement plant, for exposing people to the potent carcinogen hexavalent chromium without providing warnings to the community as required by law… In the lawsuit Brown asserts that the exposures occurred because defendants allowed uncovered piles of dust to remain on a property owned by the cement manufacturer. The company's deliberate and intentional acts have resulted in the hexavalent chromium emissions getting into the air where it has been inhaled by people near the area. (“Brown Sues Cement Plant For Hexavalent Chromium Exposure,” Press Release, 7/03/08)

Secured $6 Million Air Pollution Settlement With Large Construction Company. California Attorney General Brown announced a $6 million settlement with MCM Construction, resolving allegations that the company was operating diesel cranes, pile drivers, and other portable engines without the required air district pollution permits. (“Brown Announces $6 Million Air Pollution Settlement With MCM Construction,” Press Release, 5/23/08)

Announced San Diego Airport Greenhouse Gas Emissions Agreement. “California Attorney General Brown announced that the San Diego Airport is taking “a key leadership role” in the fight against global warming by agreeing to reduce greenhouse gas emissions from its major airport expansion. The airport has agreed to incorporate measures, such as green building certification and alternative energy airport shuttles, into its thirty-year master plan. (“Brown Announces San Diego Airport Emissions Agreement,” Press Release, 5/08/08)

Announced Jiffy Lube Oil And Anitfreeze Spill Agreement. “California Attorney General Brown announced that Jiffy Lube International has improved its operations to ensure that oil and antifreeze is properly contained at its local oil change facilities. Brown joined eleven counties in announcing the statewide agreement with Jiffy Lube International. (“Brown Announces Jiffy Lube Effort To Protect Environment From Spills,” Press Release, 5/07/08)

Announced Los Angeles Port Greenhouse Gas Agreement. “California Attorney General Brown and Los Angeles Mayor Antonio Villaraigosa announced that the Port of Los Angeles will take several important steps to “identify and reduce” the significant greenhouse gases generated at the Port of Los Angeles. The agreement, which was approved last night by the Harbor Commission, specifically addresses the global warming impact of the TraPac terminal expansion. (“Brown Announces Greenhouse Gas Agreement With Los Angeles Port,” Press Release, 12/07/07)

Announced ConocoPhillips Greenhouse Gas Agreement. “California Attorney General Brown announced that ConocoPhillips has agreed to an “unprecedented global warming reduction plan” to off-set greenhouse gases caused by the expansion of its Northern California oil refinery. Brown said that the oil company has agreed to offset greenhouse gas emission increases until the carbon-cutting regulations of AB 32 take effect in 2012. (“Brown Announces Groundbreaking Greenhouse Gas Reduction Plan,” Press Release, 9/11/07)

Forged Greenhouse Gas Reduction Agreement With City Of Stockton. “California Attorney General Brown announced a landmark agreement with the City of Stockton requiring the City to identify and reduce greenhouse gas emissions by encouraging downtown growth, constructing thousands of new residential units within its current city limits, developing a rapid transit bus system and requiring all new buildings to be energy efficient. In the next 2 years, Stockton will develop a Climate Action Plan to inventory current greenhouse gas emissions. The City is also required to estimate its 1990 level of greenhouse gas emissions and project the increase in its emissions in 2020. (“Attorney General Brown Forges Greenhouse Gas Reduction Agreement With City of Stockton,” Press Release, 9/09/08)

Challenged Local Government Officials To Lead Global Warming Fight. California Attorney General Brown met with more than two hundred local officials, challenging them to “take the lead” in the fight against global warming…At the request of Attorney General Brown, scientists, local planners and elected officials convened at a one-day workshop at the State Office Building at 1515 Clay Street in downtown Oakland to discuss specific steps that can be taken to reduce greenhouse gas emissions in California. (Office of the Attorney General, “Brown Challenges Local Government to Lead Global Warming Fight,” Press Release, 3/19/08); (“Brown Challenges Local Governments To Plan For A Low-Carbon Future,” Press Release, 2/19/08)

Announced Landmark Global Warming Settlement With San Bernardino County. California Attorney General Brown announced a “landmark settlement” of the state's global warming lawsuit against San Bernardino County. The agreement, approved by the County Board of Supervisors, establishes a unique greenhouse gas reduction plan that will identify sources of emissions and set feasible reduction targets for the County. (“Brown Announces Landmark Global Warming Settlement,” Press Release, 8/21/07)

Sued Cosco Busan Owners, Operators And Pilot After San Francisco Bay Oil Spill. California Attorney General Brown filed a lawsuit on behalf of the California Department of Fish and Game Office of Spill Prevention and Response, State Lands Commission and State Water Boards against the owners, operators and pilot of the M/V Cosco Busan, the shipping vessel that spilled more than 53,000 gallons of oil into San Francisco Bay, “polluting our waters and killing thousands of birds. (“Attorney General Brown Files Suit Against Cosco Busan Owners, Operators and Pilot After San Francisco Bay Oil Spill,” Press Release, 1/06/09)

Announced $42.2 Million Settlement Following Improper Mining Of Over Two Million Cubic Yards Of Sand From Suisun Bay. California Attorney General Brown announced a $42.2 million dollar settlement agreement with Hanson Building Materials, a multi-national mining corporation. This settlement resolves allegations that the company improperly mined over two million cubic yards of sand from Suisun Bay and defrauded the state out of millions of dollars in royalty payments for sand mined in San Francisco and Suisun Bays. (“Brown Announces Stolen Sand Settlement,” Press Release, 12/10/07)

Warned Nestle Of Legal Challenge To Water Bottling Plant In Siskiyou County. Attorney General Brown warned Nestle that California will challenge the environmental plan for a bottled water plant in Siskiyou County if the company does not revise its contract to pump water from the McCloud River. Brown also said the environmental analysis fails to consider the global warming impacts of producing and transporting millions of gallons of water. (“Atty. Gen. Brown Warns Nestle Of Legal Challenge To Water Bottling Plant,” Press Release, 7/29/08)

Brown: An Environmental Leader for Over 30 Years

A Pioneer in Alternative Energy

• Solar and Wind Energy: As Governor, Brown promoted alternative energy sources, including solar and wind. Due to policies implemented during his administration, California had over 90% of the electricity generated by wind power. Under Governor Brown’s leadership, the California Public Utilities Commission ordered utilities to offer low-cost conservation and solar loans. Brown also authorized personal income tax credits for the installation of solar-energy devices.
• Biomass: Governor Brown signed the Agricultural and Forestry Residue Utilization Act, providing low interest loans to industry for biomass–to-energy projects.
• Established Energy Efficiency Standards: Brown’s state Energy Commission established the country's first building and appliance energy efficiency standards.
• Promoted Cogeneration Technology and Resource Recovery: Brown signed a bill to promote important energy efficiency technologies including cogeneration and resource recovery projects.

A Fighter for Clean Water

• Clean Water/Water Conservation Law: Governor Brown signed the Clean Water and Water Conservation Law of 1978, to pay for the prevention of water pollution, conservation, and water reclamation. The bond helped finance projects that prevented irrigation run-off water from polluting streams and rivers. The law also allocated funding for a program which installed water saving devices in household plumbing.
• Established Drinking Water Contaminate Detection Program: As Governor, Brown signed a law requiring the State Department of Health Services to establish a program to detect and monitor organic chemical contaminants in drinking water.
• Tougher Liability for Water Polluters: Brown toughened liability for illegal discharge of liquid waste into groundwater.

Protecting California's Coastline

• Fought Offshore Oil Drilling: Brown has fought every attempt to drill for oil off the coast of California. Brown stood up to the Reagan Administration’s plans to expand offshore oil drilling. Brown signed a law forbidding new federal leases for drilling along the California coast.
• California Coastal Commission: Brown made permanent the California Coastal Commission to control shoreline development.
• Preserved Wetlands: Under Brown California was able to acquire many coastal wetlands for preservation.

Clean Air

• Enacted Toughest in the Nation Clean Air: Brown enacted the toughest in the nation clean air laws by cutting emissions caused by vehicles and manufacturing.
• Increased Penalties for Air Polluters: Brown passed a law to double the fines for the violation of California’s air pollution laws.
• Air Pollution Research: Brown funded early air pollution research in order to toughen air quality standards.
• Fought Acid Rain: Brown signed pioneering legislation to study the effects of acid rain and find ways to limit new sources of acid rain.
• Reducing Greenhouse Gases: Under Brown’s leadership Oakland became the second city in the nation to accept mandatory Green House Gas reductions through a program at the Chicago Climate Exchange. The City of Oakland set a goal to reduce green house gases by 15% before 2010, which exceeds Kyoto green house gas reduction targets.

Controlling Waste

• Superfund Cleanup: As Governor, Brown made available 100 million dollars to clean up superfund sites and toxic dumps such as the McCall Dump in Orange County, as well as 83 hazardous waste dumps in California.
• Oakland’s Ballpark Uses Renewables: Under Brown’s leadership Oakland Coliseum became the first ballpark in the United States to use bioplastic cups. Constructed entirely from cornstarch, these items biodegrade within 40 days and eliminate Oakland Coliseum’s need for Styrofoam and plastic. The Coliseum has become a model for the nation, prompting other parks such as SBC Park in San Francisco adopt Oakland’s bold new waste diversion program.
• Created Pioneering Recycling Programs: As Governor, Brown developed innovative recycling programs to reuse paper, motor oil, metal and glass. As Oakland Mayor, he started a new weekly residential recycling program and one-cart recycling service, which has resulted in a 50% increase in residential recycling from 20004.

Green Building

• Green Building Resource Center: Brown’s Green Building Resource Center, established in 2000, serves as a clearinghouse to assist builders with green building strategies, city-backed incentives to use safe nontoxic building materials, and energy efficiency guidelines.
• Award-Winning Reputation: In 2005 Oakland was named one of America’s “Top Ten Green Cities” in two prominent national guides: greenguide.com and sustainlane.com

Protecting Open Space for Future Generations

• Protected California’s Wild and Scenic Rivers: Brown protected wild and scenic rivers by making them part of the Federal Wild and Scenic Rivers System and fought off the legal challenges.
• Restored Salmon and Steelhead Runs: Brown restored hundreds of miles of Salmon and Steelhead runs on California rivers.
• Established the California Coastal Conservancy: Brown established the California Coastal Conservancy to acquire and protect coastal areas.
• Expanded Parks and Wilderness Areas: Brown added over 700,000 acres to the State Park System and protected over 500,000 acres as wilderness.
• Created Renewable Resources Investment Fund: Brown created the Renewable Resource Investment Fund to restore salmon fishery stocks, develop wood energy projects and create water conservation and reclamation projects.
• Created the Santa Monica Mountains Planning Commission: Brown signed a bill establishing the Santa Monica Mountains Planning Commission.
• Funded Reforestation: Brown embarked on a major program of reforestation with funds derived from geothermal revenues and natural gas revenues.