Court Upholds Auction of Allowances Under California Cap-­and-­Trade Program

On November 12, 2013, a California trial court decided that the California Air Resources Board (ARB) has the power to auction emission allowances and that such auctions do not constitute an illegal tax that violates Proposition 13.As a result, the ARB may continue to hold allowance auctions. The petitioners already have announced their intention to appeal the trial court’s decision to the California Court of Appeal.

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