Even before SB 100 passed, though, California’s leaders were already facing a legal backlash from minority leaders over the high cost of the state’s climate policies. On April 27, The Two Hundred, a coalition of civil-rights leaders, filed a lawsuit in state court against the California Air Resources Board, seeking an injunction against some of the state’s carbon dioxide–reduction rules. The 102-page lawsuit declares that California’s “reputation as a global climate leader is built on the state’s dual claims of substantially reducing greenhouse gas emissions while simultaneously enjoying a thriving economy. Neither claim is true.”
The gist of the lawsuit is this: California’s high housing, transportation, and energy costs are discriminatory because they are a regressive tax on the poor. The suit claims that the state’s climate laws violate the Fair Employment and Housing Act because CARB’s new greenhouse-gas-emissions rules on housing units in the state “have a disparate negative impact on minority communities and are discriminatory against minority communities and their members.” The suit also claims the state’s climate laws are illegal under the Federal Housing Act, again because their effect is felt predominantly by minority communities. It also makes a constitutional claim that minorities are being denied equal protection under the law because California’s climate regulations are making affordable housing unavailable to them.
The lawsuit, which Michael Shellenberger of Environmental Progress spotlighted in his recent Forbes column, points out that since 2007, “California has had the highest poverty rate in the country, over 8 million people living below the US Census Bureau poverty line when housing costs are taken into account.” The lawsuit claims that CARB has “ignored” the state’s “modest scale of greenhouse gas reductions, as well as the highly regressive costs imposed on current state residents by CARB’s climate programs.”
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