California Court Rules Against CARB-Halts AB 32 Implementation


On Friday March 18, 2011, California Superior Court Judge Ernest Goldsmith finalized his earlier tentative ruling on the validity of the California Air Resources Board (CARB) environmental analysis. Judge Goldsmith found that CARB did not comply with the California Environmental Quality Act (CEQA) when it finalized and approved the AB 32 Scoping Plan (Plan). Though the tentative decision left some uncertainty about the actual intent of the ruling, this time around the court was much clearer. This decision states that CARB is enjoined from "any further implementation of the measures contained in the Scoping Plan."

The implications of this decision are broad, and depending on how quickly CARB can remedy the situation, may have long-lasting effects. The Scoping Plan laid out California’s blueprint or roadmap to meeting the goals of the California Global Warming Solutions Act of 2006, or AB 32. The Plan contained 69 distinct measures for reducing greenhouse gas emissions (GHGs), including a Cap and Trade market, the Low Carbon Fuel Standard, a 33% Renewable Energy Standard, and others. Some of these measures are already adopted and implementation has begun, others are in the final stages of regulatory adoption.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.