California Attorney General Edmund G. Brown Jr. recently announced an agreement with the San Diego County Regional Airport Authority to reduce greenhouse gas (GHG) emissions from a major airport expansion project.

San Diego Airport is the busiest single-runway airport in the U.S. To accommodate anticipated future growth, the airport plans to add ten new gates, new overnight jet and passenger parking, and expanded aircraft taxiways.

To reduce GHG emissions, the airport agreed to a series of specific measures, including:

• preparing an inventory of GHG emissions from aircraft ground movement and reducing themby 20% by 2015;
• providing landside electrical power to aircraft to eliminate the need to run on-board engines to use electricity while on the ground;
• replacing existing tow vehicles and airport shuttles with electric or alternative fuel vehicles;
• using green construction methods, equipment, materials, and design in new construction; and
• requiring LEED Certification for all new facilities.

The Attorney General commended the airport’s “key leadership role in helping California meet its aggressive [GHG] reduction targets, recognizing it as “another example of how, in the absence of federal action, local government is leading the fight against global warming.” The agreement builds on the Airport Authority comprehensive Sustainability Policy, adopted earlier this year, which set it apart as a model of best sustainable practices in the aviation industry. In December 2007, California and other states petitioned the U.S. Environmental Protection Agency to regulate aircraft emissions. To date, the Agency has responded only by way of announcing plans to publish an Advance Notice of Public Rulemaking to seek public opinion on a host of GHG-related issues, including aviation emissions.

Since the passage of AB 32, the California Attorney General has actively pursued GHG reduction agreements with both public agencies and private companies, including an agreement with San Bernardino County setting county level reduction targets; a settlement with ConocoPhillips to offset GHGs resulting from the proposed expansion of a refinery; an agreement with the Port of Los Angeles requiring the port to inventory and reduce GHG emissions; and a settlement with Great Valley Energy requiring it to mitigate GHG resulting from a corn-based ethanol plant in Hanford.

The Attorney General’s most recent agreement with the San Diego Regional Airport Authority clearly signals the State’s continued willingness to seek out opportunities to collaborate with companies and agencies to fight against climate change.

For further information about this topic, please contact Akin Gump.