As CARB Votes on 'Cap and Invest,' Critics Say California Candidates Ignore Power of Unelected Agencies

The California Air Resources Board (CARB) is scheduled to vote this Thursday on updates to its "cap and invest" program, the state’s market-based mechanism that requires energy companies to buy allowances and fund climate projects. The looming decision has renewed scrutiny of the influence of unelected state agencies on California’s economy and daily life, and has prompted calls from some commentators for political candidates to state where they stand on the scope of that authority.

CARB director Lauren Sanchez, an appointee of Governor Gavin Newsom, has described the state’s emissions targets as "some of the most ambitious in the country if not the world." CARB officials say programs like "cap and invest" are designed to reduce greenhouse gas emissions and finance projects that advance those goals. Supporters argue those measures are essential to meeting the state’s commitments on climate and environmental protection.

Critics, however, contend that the board’s policies have economic consequences that are not being adequately addressed by candidates for governor, Congress and other state offices. They point to business departures and recent refinery closures as evidence that regulatory costs and mandates can drive energy production out of the state. Observers also express concern that CARB’s actions could put further upward pressure on gasoline prices at a time when fuel costs are a politically sensitive issue. The article notes that high gasoline prices have long been associated with the board’s policy objectives.

The current debate echoes earlier regulatory milestones. In the 1990s, Mary Nichols — a long-time CARB chief who is a lawyer by training — promoted aggressive policies to combat global warming and was reported to have framed higher gasoline prices as part of the policy tradeoffs. The state’s Assembly Bill 32, the Global Warming Solutions Act, introduced a suite of regulations for emissions reduction, and in 2017 then–Lieutenant Governor Gavin Newsom supported Senate Bill 1, which raised the state gasoline excise tax. Lauren Sanchez was previously associated with the development of what was formerly known as "cap and trade," now presented as "cap and invest." These developments underscore the extent to which policy design within CARB has been influential and often controversial.

The criticism of unelected agency authority extends beyond CARB to other panels such as the California Coastal Commission (CCC), a body with jurisdiction over coastal land-use decisions. The commission, created and staffed through gubernatorial appointments over many administrations, has frequently overridden local governments on projects ranging from housing to infrastructure, drawing accusations from critics that it limits property rights and local decision-making. The commission’s history includes cases of corruption; the article cites the 1993 conviction and prison sentence of former commissioner Mark Nathanson for soliciting bribes.

Recent CCC decisions have also become flashpoints. In 2022 the Commission voted against a desalination plant proposed for Orange County, a project proponents said would have added local freshwater supply. In explaining her vote, commissioner Dayna Bochco, described in the article as an entertainment lawyer and the wife of the late television producer Steven Bochco, said that "the ocean is under attack from climate change already." More recently, the commission opposed certain launch activities by SpaceX at Vandenberg Space Force Base, prompting criticism from those who viewed the move as politically motivated. Commissioner Susan Lowenberg, an appointee of Newsom, was quoted as saying "our own government is thumbing their nose at another branch of our government," a remark that highlights tensions between appointed regulators and other public authorities.

The article also notes that the commission’s staffing choices are made by fellow commissioners, citing the appointment of Dr. Kate Huckelbridge as executive director after her earlier work as a CCC staffer. On some emergency measures, Governor Newsom has acted to ease commission requirements; for example, he waived certain CCC permit requirements for residents who lost homes in recent Pacific Palisades and Eaton fires. Even so, the piece reports that as of January fewer than a dozen homes had been rebuilt, a statistic offered to underscore critics’ concerns about bureaucratic delays.

Advocates for the agencies argue that independent expert governance is necessary to address complex, long-term environmental and coastal management challenges, while opponents maintain that unelected bodies wield substantial power over land use, housing availability and energy production without direct voter accountability. The debate is now folded into broader political discussions as candidates pledge to address affordability, housing and decarbonization, yet — according to critics cited in the article — many have not clearly articulated positions on the authority and reach of agencies like CARB and the California Coastal Commission. With CARB’s vote impending, some observers suggested the timing offers an opportunity for candidates to clarify their views on the role of these unelected regulators.