News & Analysis as of

Cap-and-Trade 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 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

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

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 - 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

Court of Appeal Turns a Careful Eye Toward Challenges to California’s Cap-and-Trade Auction System

by Reed Smith on

A California Court of Appeal signaled it is moving closer to making what could be a far-reaching decision in the consolidated cases of California Chamber of Commerce v. California Air Resources Board (Case No. C075930) and...more

Implications of, and CARB's Response to, the 2015 California Climate Change Legislative Session

For most of the year, tracking the inner workings of the California Legislature can be a grueling effort suitable only for the most die-hard policy wonks. But at the end of session, things can move and change so fast that you...more

Outstanding Design Flaws in California’s Cap-and-Trade Program

by Latham & Watkins LLP on

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers...more

CARB’s Invalidation of Offset Credits Highlights Importance of Risk Allocation

by Reed Smith on

On October 8, 2014, the California Air Resources Board (CARB) issued a preliminary determination invalidating more than 230,000 offset credits on grounds that an Arkansas-based chlorofluorocarbons (CFCs) incinerator was not...more

California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

by Davis Wright Tremaine LLP on

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

California Environmental Law and Policy Update - July 2014

by Allen Matkins on

Environmental and Policy Focus - Second leg of California bullet-train line approved: SFGate.com - Jun 27: On June 27, 2014, the U.S. Department of Transportation gave its approval for work to begin on the second leg...more

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

by Latham & Watkins LLP on

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 ...more

Tentative Ruling Issued in California Cap and Trade Auction Lawsuit

by Stoel Rives LLP on

A tentative ruling was issued yesterday in the related cases California Chamber of Commerce v. California Air Resources Board (ARB) and Morning Star Packing Co. v. ARB, pending before the Sacramento County Superior Court. ...more

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

by K&L Gates LLP on

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in...more

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

by Morrison & Foerster LLP on

A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to...more

CARB Restates Its Cap-and-Trade Auction Results

by Morrison & Foerster LLP on

Last week the California Air Resources Board (CARB) issued an update to its November 19, 2012 report summarizing the results of the State of California’s first auction of greenhouse gas emissions allowances. The results in...more

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