News & Analysis as of

Cap-and-Trade Climate Change

China’s Pilot Programmes Welcome Announced Launch of Emissions Trading System

by Latham & Watkins LLP on

Chinese policymakers have indicated that the country’s Emissions Trading System (ETS) — which will be the largest system of its kind globally and the centerpiece of Chinese climate change policy — is likely to launch in...more

California Extends Cap-and-Trade Through 2030

by Stoel Rives LLP on

On July 25, 2017, California Governor Jerry Brown signed legislation extending the state’s cap-and-trade program through 2030. The signing ceremony for Assembly Bill (AB) 398 included former California Governor Arnold...more

California Governor Signs Climate Change Law Extending the Cap-And-Trade Program Until 2030

by Holland & Knight LLP on

AB 398 passed in both the California State Senate and Assembly with a two-thirds majority of bipartisan lawmakers. It received support from businesses and environmental advocates alike. Governor Jerry Brown signed the bill...more

Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels

by Downey Brand LLP on

On July 17, 2017, Marin County, San Mateo County, and the City of Imperial Beach filed three lawsuits in California Superior Court against a number of large oil, gas and coal companies. The complaints assert a variety of...more

California Environmental Law and Policy Update - July 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

California post-2020 GHG Regulation Debate: Compromise Passed Both Houses with a Two-Thirds Vote

by Reed Smith on

To achieve its goals of reducing greenhouse gas (“GHG”) emissions linked to global warming, California relies upon a number of programs and policies, including a system of capping total GHG emissions from regulated source,...more

California’s Cap-and-Trade Regulations Extended Through 2030 – A Victory for Climate Policy and Business Alike

by Davis Wright Tremaine LLP on

On July 17, 2017, the California Assembly and the Senate voted to extend California’s Cap-and-Trade Program from 2021 to 2030 (Assembly Bill (“AB”) 398). Governor Brown is widely expected to sign the bill in the coming...more

California Supreme Court Refuses to Take Up Challenge to Cap-and-Trade Program; CARB Confirms Board Hearing Will be Held in July

by Beveridge & Diamond PC on

The California Supreme Court yesterday refused to take up the appeal in California Chamber of Commerce v. CARB, ending litigation that would have struck down a key element of the California Cap-and-Trade program (the...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

Climate Regulation in California: A State of Constant Change

by Beveridge & Diamond PC on

Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020,...more

California Environmental Law & Policy Update - April 2017

by Allen Matkins on

Environmental and Policy Focus - Appeals court upholds California’s cap-and-trade system - Sacramento Bee - Apr 6 - A state appeals court handed a major victory to California’s signature climate-change program 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

UPDATE: California’s Cap-and-Trade Program Upheld by the California Court of Appeal

by K&L Gates LLP on

Just yesterday, we issued an alert that discussed among other things the uncertainty surrounding California’s cap-and-trade program under Assembly Bill 32 (“AB 32”). Today, that uncertainty has been lessened considerably,...more

GHG Allowance Auctions are Not a Tax; Key Element of State’s Cap-and-Trade Program Upheld

California Chamber of Commerce, et al. v. California Air Resources Board, et al., Case No. C075930 (Cal. Ct. App. 3d. Dist., 2017). On April 6, the California Court of Appeal for the Third District issued its...more

California Court of Appeal Upholds Cap-and-Trade Program

by Beveridge & Diamond PC on

On Thursday, April 06, 2017, California’s Court of Appeal for the Third Appellate District upheld California’s Cap-and-Trade Program, the cornerstone of California’s climate change policy, by a 2-1 vote. In the case,...more

The Future of California’s Landmark Cap-and-Trade Program is Uncertain

by K&L Gates LLP on

This is the final installment in a three-part series examining carbon policies along the West Coast. In California, legislators are debating the future of its cap-and-trade program beyond 2020, the state is defending...more

Ontario’s First Cap-and-Trade Auction Sells 100 Per Cent of 2017 Allowances

The Ontario Ministry of the Environment and Climate Change (MOECC) held the first auction of greenhouse gas (GHG) allowances on March 22, 2017 and published the auction’s results on April 3, 2017. All 2017 allowances were...more

Airline emissions - what impact will the new global carbon offset and reduction scheme have on the current European Emissions...

by DLA Piper on

An agreement to curb the impact of commercial aviation on climate change has been struck by 191 states attending the 39th International Civil Aviation Organisation (ICAO) Assembly in Montreal. The Carbon Offset and Reduction...more

Golden State Forges Ahead With Sweeping Climate Change Regulatory Regime

by Morrison & Foerster LLP on

With federal climate change regulations facing an uncertain future, the California Air Resources Board (CARB) recently released a far-reaching new plan to reduce the state’s greenhouse gas (GHG) emissions 40 percent below...more

China’s Proposed National Carbon Market and Opportunities for Cooperation with Canada

While there is some uncertainty on how the U.S. climate strategy will evolve under a Trump presidency, a number of new carbon emissions regulations and control strategies continue to be developed throughout the world, notably...more

Ontario Announces Proposal for Cap-and-Trade Offset Credits Protocols

On November 15, 2016, Ontario’s Ministry of Environment and Climate Change (MOECC) posted its Offset Credit Regulatory Proposal on the Environmental Registry, where it will be available for comment until December 30, 2016....more

Four New California Cap and Trade Bills Fund Programs

by Best Best & Krieger LLP on

$900 million in appropriations for fiscal year 2016-17 - With California’s cap and trade program suffering from legal challenges, decreasing auction revenue and general criticism of the program’s effectiveness, Gov....more

California’s New Climate Change Law Tempered by Uncertainty About Its Cap and Trade Program

by Davis Wright Tremaine LLP on

California Governor Jerry Brown signed Senate Bill 32 last week codifying into law his office’s emission reduction goal of cutting greenhouse gas emissions to 40% below the 1990 level by 2030. By signing this bill, Governor...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 Environmental Law & Policy Update - September 2016

by Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

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