The notice of appeal will be filed May 23, Stanley Young, a spokesman for the agency, said in an e-mail today.
Superior Court Judge Ernest Goldsmith in San Francisco today ordered the board to halt further rulemaking or implementation of the program until alternatives are properly reviewed.
The board violated the “informational requirements” of the California Environmental Quality Act when it began to make rules “without first responding to comments, completing the environmental review process, and approving” the program, Goldsmith said in the ruling.
The decision is the latest development in a 2009 lawsuit filed against the board by a coalition that includes Communities for a Better Environment and the Association of Irritated Residents. Today’s judgment follows a March 18 ruling in which the court also said the board failed to adequately consider alternatives to the program to buy and sell pollution permits, such as a carbon tax.
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