News & Analysis as of

California Air Resources Board

California Supreme Court Denies Request to Review Cap-and-Trade Case

by Stoel Rives LLP on

Yesterday the California Supreme Court denied a petition for review of the cap-and-trade lawsuits brought by a coalition of business interests, headed by the California Chamber of Commerce and Morning Star Packing Company....more

Senate Bill Proposes Major Market-Based Remodel of Cap-and-Trade Program

by Stoel Rives LLP on

California’s cap-and-trade program withstood a battle in court, and now the Legislature is proposing changes to the controversial program. Senator Bob Wieckowski (Democrat – District 10), Chair of the Environmental Quality...more

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

by Holland & Knight LLP on

POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

California Court Chastises Air Resources Board over LCFS but Preserves 2017 Status Quo

by Latham & Watkins LLP on

In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a...more

California Court of Appeals Upholds California’s Cap-and-Trade Program

by Stoel Rives LLP on

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

CARB Wins Again on Cap-and-Trade, But Is It Really in Any Danger of Losing?

by Stoel Rives LLP on

As the sands shift on federal climate change policy, California’s cap-and-trade program survives to fight another day. Yesterday, a California Court of Appeal upheld the program because it does not impose a tax subject to...more

California Court of Appeals Upholds Cap-and-Trade Auctions

by Latham & Watkins LLP on

Yesterday, the Court of Appeals for California’s Third Appellate District issued its decision in California Chamber of Commerce, et al., vs. State Air Resources Board, et al., upholding the district court’s decision and...more

California Environmental Law & Policy Update - March 2017 #5

by Allen Matkins on

Environmental and Policy Focus - Trump moves decisively to wipe out Obama’s climate-change record - Washington Post - Mar 28 - President Trump on Tuesday took the most significant step yet in obliterating...more

ARB Adopts GHG Emission Standards for Oil and Gas Facilities; Operators Wary of Costs

by Stoel Rives LLP on

On March 23, 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”). The Methane Regulations impose...more

California State Court Poised to Destabilize Low Carbon Fuel Standard

by Latham & Watkins LLP on

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more

Non-compliance with carbon market rules could result in substantial penalties

by Dentons on

Ontario’s cap and trade program, which launched in January 2017, includes a number of rules regarding participation in the carbon market where emission allowances and offset credits are bought and sold. The stated purpose of...more

Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization...

by Latham & Watkins LLP on

Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting...more

2016 California Energy and Climate Legislative Update

by Morgan Lewis on

California took legislative action in 2016 aimed at addressing climate change, advancing renewable energy, and maintaining the state’s emphasis on safety in the energy sector. In 2016, the California legislature took...more

CEQA News You Can Use - Vol. 1, Issue 1

Welcome to the first edition of CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck’s Natural Resources lawyers. This resource will provide quick, useful bites of CEQA news that we hope can be a...more

California Environmental Law & Policy Update - September 2016 #4

by Allen Matkins on

Environmental and Policy Focus - California sets reduction targets for black carbon, other climate pollutants - San Diego Union-Tribune - Sep 19 - Governor Jerry Brown on Monday signed into law Senate Bill...more

California Moves Forward With Aggressive Greenhouse Gas Emission Targets – Governor Brown Signs Into Law SB 32 and AB 197

On September 8, California's Governor Brown signed companion bills from the Senate and Assembly, Senate Bill 32 (SB 32) and Assembly Bill 197 (AB 197), continuing California on a path to cut greenhouse gas (GHG) emissions –...more

California Legislature Raises the Bar, Sends Nation’s Most Ambitious Greenhouse Gas Target to Governor

The nation’s most ambitious greenhouse gas (“GHG”) control law may soon get 40 percent tougher. On Aug. 26, 2016, the California Legislature sent Senate Bill 32 (“SB 32”) to Gov. Brown’s desk for signature. A few days...more

Move Over AB 32, Here Comes SB 32! (and AB 197)

Last week, the California Legislature voted to extend the state's ambitious climate change targets while simultaneously pushing a reform bill covering the California Air Resources Board (ARB). Senate Bill 32 (SB 32)...more

California Environmental Law & Policy Update - August 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

California Dreamin’: California Releases Its Sustainable Freight Action Plan and is Sued for Allegedly Improperly Imposing a Fee...

by Freeborn & Peters LLP on

Late last week, California released the California Sustainable Freight Action Plan, a comprehensive document that is to serve as a blueprint for transforming the state’s multi-billion dollar freight transport system into one...more

EPA Issues Final Rule Implementing Formaldehyde Emission Standards

by Morgan Lewis on

Final rule seeks to reduce exposure to formaldehyde vapors by establishing emission standards and labeling requirements for certain wood products. Six years after the passage of the Formaldehyde Emission Standards for...more

California Environmental Law & Policy Update - July 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

Sneak Peek: The Future of California’s Cap and Trade

Few government pronouncements are as highly guarded or anticipated as details of a California Air Resources Board (ARB or Board) Cap and Trade amendment package. It may sound wonky, and Janet Yellen may disagree, but...more

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

VW ‘Dieselgate’ Settlement Benefit Consumers, Environment

News of “Dieselgate” broke in the Fall 2014, when vaunted vehicle-maker Volkswagen was accused of dodging federal emissions laws by rigging its automobiles so they would pass smog tests. The summer of 2015 saw the scandal...more

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