Published: Tuesday, Aug. 3, 2010 - 12:53 pm
Last Modified: Tuesday, Aug. 3, 2010 - 2:22 pm
state judge today ordered the attorney general's office to change its
wording of a ballot initiative to roll back the state's landmark
climate change law.
Superior Court Judge Timothy Frawley agreed with measure proponents
charging that California Attorney General Jerry Brown used misleading
language when his office drafted the initiative, Proposition 23.
said use of the term "major polluters" in election materials carried
negative connotations with voters and ordered Brown's office to use the
less loaded term "major sources of emissions."
also said the state inaccurately described the proposition as
"abandoning" California's climate change law, or AB 32, and ordered it
to substitute the term "suspends."
concern is that the word 'polluters' suggests something that comes out
of a smokestack. That's where the prejudice lies," Frawley said.
23 seeks to suspend California's global greenhouse gas reduction law
until the statewide unemployment rate drops to 5.5 percent for a year.
Supporters of the measure say AB 32, which aims to reduce carbon
emissions to 1990 levels by 2020, will lead to job losses and higher
But opponents of Proposition 23, including Gov.
Arnold Schwarzenegger, environmental groups, high-tech companies and
venture capital firms, say AB 32 not only will reduce greenhouse gases
but will bolster a growing clean tech industry and will create new jobs.
Mangels, spokeswoman for the Yes on 23 committee, said Frawley's ruling
eliminates the "false, misleading and prejudicial" language developed
by the attorney general's office.
"Yes on 23 is pleased that
voters will be provided a fair and accurate official description of
Prop 23 and are confident that they will vote Yes on 23, a common-sense
proposal to protect jobs and California's economy," she said.
Knepprath, vice president of advocacy and health initiatives for the
American Lung Association, said the changes ordered by the judge were
"We're confident that voters will see Prop 23 for
what it really is: a job-killing proposition bankrolled by Texas oil
companies," he said.