News & Analysis as of

CARB

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

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

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

California Approves New Regulation to Reduce Methane Emissions from Oil and Gas Facilities

by Reed Smith on

The California Air Resources Board has approved a new stringent regulation to curb methane emissions from oil and gas operations in California. The unprecedented regulation focuses on monitoring, detecting, and repairing...more

California Environmental Law & Policy Update - March 2017 #4

by Allen Matkins on

Environmental and Policy Focus - U.S., in reversal, issues permit for Keystone oil pipeline - New York Times - Mar 24 - The Trump administration announced on Friday that it would issue a permit for...more

Forthcoming California Phase 2 GHG Emission Regulations Foreshadow Compliance Challenges

by Alston & Bird on

Last August, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) finalized the more stringent “Phase 2” greenhouse gas (GHG) emission standards and fuel efficiency...more

CARB Issues Midterm Review of Its Advanced Clean Cars Program and Invites Comments on the Program’s Future

by Morrison & Foerster LLP on

On January 12, the California Air Resources Board (CARB) released a Midterm Review of California’s Advanced Clean Cars program, which established Low-Emission Vehicle III (LEV III) standards for certain model year 2015-2025...more

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears...

by Nossaman LLP on

A three-judge panel of the California Court of Appeal for the Third District heard oral argument last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. California Chamber of...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

California Cap-and-Trade Lawsuit Hits Milestone with Oral Argument at the Court of Appeal

by Stoel Rives LLP on

Yesterday, California’s Third District Court of Appeal heard oral argument in the related cases California Chamber of Commerce v. California Air Resources Board and Morning Star Packing Co. v. California Air Resources Board. ...more

EPA Issues Final Determination That No Adjustments to GHG Standards for Model Years 2022-2025 Will Be Made, but Questions Remain

by Morrison & Foerster LLP on

On January 12, the U.S. Environmental Protection Agency (EPA) finalized its determination not to change greenhouse gas (GHG) emission standards for cars and light trucks manufactured in model years (MYs) 2022-2025. This...more

VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

by Snell & Wilmer on

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

by Latham & Watkins LLP on

On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

by Beveridge & Diamond PC on

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the...more

California's New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

by Morrison & Foerster LLP on

A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds...more

EPA Provides Early Affirmation of Vehicle Emission Standards for 2022-2025

by Alston & Bird on

Through its Proposed Determination, EPA has concluded that the model year 2022-2025 GHG standards should remain as promulgated, despite automotive industry evidence demonstrating the need for less stringent standards. ...more

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