News & Analysis as of

CARB

NBB Announces New CARB Certified Biodiesel Additive

On July 25, 2017, the National Biodiesel Board (NBB) announced that the California Air Resource Board (CARB) certified a biodiesel additive that will make California B20 blends the cleanest diesel fuel with the lowest...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

California Supreme Court Rejects Attorney General's Challenge to SANDAG's Transportation Plan

by Holland & Knight LLP on

The California Supreme Court, in a 6-1 ruling, in Cleveland National Forest Foundation, et al v. San Diego Association of Governments (2017) ___ Cal. 5th __, Supreme Court Case No. 5223603 held that San Diego Association of...more

Legislative Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Below are the latest updates on a list of bills, summarized pursuant to the...more

California Flips the Focus from Facility Emission Limits to Community Impact Monitoring and Mitigation

by Morrison & Foerster LLP on

On Monday, July 17, 2017, the California legislature passed a two-bill package, Assembly Bill (AB) 398, which extends California’s Cap-and-Trade Program to 2030, and AB 617, the companion bill that didn’t get as much...more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality...

by Downey Brand LLP on

As posted in CEQA Chronicles, on July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to...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

Revised California Air Resources Board (CARB) Enforcement Policy

CARB is in the process of revising their existing Enforcement Policy. They have been holding a series of informal workshops to update the policy consistent with current statutes. CARB’s current plan is to adopt this updated...more

California Air Resources Board New Draft Enforcement Penalty Policy

by Alston & Bird on

Today, CARB held another workshop to explain its new draft enforcement penalty policy and the factors it will use in assessing penalties in future enforcement cases. The factors are qualitative and narrative and subjective,...more

Governments Pursue Legislation to Bolster Electric Vehicle Usage

by Foley & Lardner LLP on

Around the world, governments are considering how to spur electric vehicle adoption and usage. One area of focus is infrastructure development. In the United Kingdom, the Queen’s Speech included the announcement of an...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

Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by which the Legislature was required to pass...more

Updates to Energy Related Bills in the 2017-2018 California Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by...more

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

by Latham & Watkins LLP on

As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

by Downey Brand LLP on

In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

by Latham & Watkins LLP on

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This...more

Southern California Environmental Update #3 – April 2017

by Stoel Rives LLP on

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. ...more

California Environmental Law & Policy Update - April 2017 #2

by Allen Matkins on

Environmental and Policy Focus - D.C. Circuit grants EPA’s request to delay 2015 smog rule case - Washington Post - Apr 11 - The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday granted a...more

CA Court of Appeal’s Split Decision Upholds CARB Cap-and-Trade Program

by Perkins Coie on

In a 2-1 decision, the California Court of Appeal, Third Appellate District, upheld the California Air Resource Board’s cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air...more

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

by Miller Starr Regalia on

In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...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

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