Environmental Law
1st Calif. Conviction Over Too-Shady Trees
Posted Feb 22, 2008, 11:59 am CDT
By Martha Neil
A six-year legal battle over a California couple's beloved redwoods has ended in defeat for them and victory for a next-door neighbor who says the too-shady trees interfered with the solar energy panels on his home.
Two of the trees have grown big enough to violate the state's little-known Solar Shade Control Act (PDF) and must be chopped down, a judge recently decided. The case is the first conviction under the 30-year-old law, and although the law permits a fine of up to $1,000 a day, none was imposed, reports the Associated Press.
The law "affects only trees planted after 1979, and bans trees or shrubs from shading more than 10 percent of a neighbor's solar panels between 10 a.m. and 2 p.m.," explains the San Jose Mercury News in an earlier article about the dispute. It features an aerial photo of the two homes and the offending trees.
An attorney who has been following the case says in a Sierra Sun article that the tree-planters had a legitimate argument: "I support solar power. Who doesn't? But I would feel better about the Solar Shade Control Act if it exempted trees planted before the solar system was installed," writes Jim Porter. "Interesting situation."
Experts predict more such clashes between neighbors with competing environmental concerns, unless the law is amended.
"Five or ten years ago, you wouldn't have seen this case because there weren't that many systems around," says Frank Schiavo, a retired San Jose State University environmental studies professor. "I can almost guarantee there are going to be more conflicts," he tells AP.
Additional coverage:
University of San Diego School of Law Energy Policy Initiatives Center: "California's Solar Shade Control Act" (PDF)
Hat tip: the Register.
Related Stories
- ‘Profile’ Investigations By FBI Being Considered at DOJ
Jul 3, 2008, 02:04 pm CDT - Judge v. Judge: Banned Florida Jurist Sues Courthouse Chief
Jul 3, 2008, 01:31 pm CDT - Judge Nixes Execution Date for Longest-Serving Texas Inmate
Jul 3, 2008, 12:35 pm CDT - Texas Judge and Law Prof in Civil Rights Case is Arrested
Jul 3, 2008, 12:10 pm CDT
Commenting has expired on this post.
Comments
Posted by J. - 4 months, 1 week, 5 days, 4 hours, 20 minutes ago
Cutting down trees in favor of solar panels. My state has gone nuts.
Liberalism is a mental disorder.
Posted by REB - 4 months, 1 week, 3 days, 11 hours, 53 minutes ago
The Redwoods’ shade will reduce the need for the solar power to power the neighbors air conditioning. To save the environment, take out the air conditioner and save the trees. They will also help slow global warming. What a narrow, foolish, counterproductive, naive statute--even if high minded.