Carbon Emissions Cap-and-Trade

News & Analysis as of

Renewable Energy Update - October 2015 #5

Renewable Energy Focus - sPower wins 68.8-megawatt Southern California Public Power Authority solar PPA: SolarServer - Oct 22: sPower has been awarded a 20-year Power Purchase Agreement (PPA) with Southern California...more

Energy & Environment Update - October 2015 #2

Energy and Climate Debate - Congress is in recess this week for the Columbus Day holiday, but will return next week with full schedules in both chambers. The House will focus heavily on the leadership race to...more

China Demonstrates Increasing Commitment to Addressing Climate Change and Air Pollution Challenges

In the past few weeks, China has taken major steps to revamp its air pollution and climate change policies, domestically and internationally. On September 25, 2015, China entered into a Joint Statement with the United States...more

California Takes the Bronze: Implications and Impacts of California’s SB 350

On October 7, Gov. Brown signed into law the Clean Energy and Pollution Reduction Act of 2015 (“SB 350”) 2015. This comes as no surprise, because when the state legislature passed SB 350 on September 11, 2015, Gov. Brown said...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Getting the Most Out of The Clean Power Plan (Part 3 of...

On August 3, the Obama Administration released the much anticipated final Clean Power Plan (CPP). The nation’s first ever standard to address power plan pollution has an ambitious overall goal of reducing CO2 emissions by 32%...more

EPA’s Clean Power Plan: Structure, Implications for the Grid, and Next Steps

The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more

EPA Issues Suite of Final and Proposed Regulations for Carbon Emissions from Power Plants

On August 3, 2015, the Environmental Protection Agency (“EPA”) issued three separate but related actions to address carbon pollution from power plants: 1) the final Clean Power Plan, President Obama’s signature effort to...more

Even With Changes To Its Final Clean Power Plan, More Litigation Is On the Horizon for EPA

Responding to over 4 million comments received on its June 2014 proposed rule, the United States Environmental Protection Agency (EPA) has made changes to its controversial plan to regulate carbon dioxide (CO2) emissions from...more

The Clean Power Plan. Is Better Good Enough? Is More Defensible Defensible Enough?

So the Clean Power Plan is out. It’s difficult to be pithy about such a big, sprawling, mess, other than to say that it’s probably about as good as it could be, though that may not be enough. Here are a few items that have...more

I’m Still a Cockeyed Optimist When It Comes to Climate Change

Last week, NRG Energy announced plans to reduce CO2 emissions 50% by 2030 and 90% by 2050. And this reduction is not from a 1990 or 2005 baseline; it is from 2014 emissions. NRG’s statement indicated that it had already...more

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

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

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

Is RGGI in Pennsylvania’s Future?

Cap and trade may play a major role in the U.S. Environmental Protection Agency’s (EPA) recent proposal to cut carbon dioxide emissions from existing fossil-fueled electric generating facilities. On June 2, 2014, EPA issued a...more

The U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule in EPA v. EME Homer City Generation, L.P., Paving the Way to...

On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more

The Regional Greenhouse Gas Initiative: Will It Survive Federal Regulation of Greenhouse Gases?

At the same time that leaders from the nine states comprising the Regional Greenhouse Gas Initiative (RGGI) are touting the anticipated benefits of their decision to significantly reduce RGGI’s cap on carbon dioxide emissions...more

California Environmental Law and Policy Update - January 2014

Gov. Brown wants to use cap-and-trade fees to fund high speed rail project - Insurance For Less - Jan 8: Gov. Jerry Brown announced plans to provide new funding for California’s high speed rail project from corporate...more

EPA Reissues Greenhouse Gas Emission Standards for New Power Plants

The U.S. Environmental Protection Agency (EPA) has re-proposed greenhouse gas (GHG) emission standards for new fossil-fuel power plants, exercising existing authority under section 111(b) of the Clean Air Act. Proposed rule...more

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

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

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

The decision, which will almost certainly be appealed, allows the Air Resources Board tocontinue to auction emission allowances. On November 12, 2013, a California trial court decided that the California Air Resources...more

Energy Law Alert: California Cap and Trade Auctions Upheld as Constitutional

The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap and trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v....more

California’s Cap-and-Trade Auction Is Not a Tax: Court Decides “Close Question”

In a twin set of wins for the state, two lawsuits challenging California’s flagship cap-and-trade auction system first implemented in November 2012 were rejected by Sacramento Superior Court Judge Timothy Frawley this...more

Carbon Repeal – Unveiled

Draft legislation, published on 15 October 2013, sets out the Coalition's plans to repeal the Clean Energy Act 2011 (Cth) and associated Acts (Carbon Acts) with effect from 30 June 2014. The impact being that liable entities'...more

California Environmental Law and Policy Update - September 5, 2013

Environmental and Policy Focus - Superior Court upholds California Air -- Sacramento Business Journal - Sep 3: A Sacramento Superior Court judge ruled the state’s 2006 climate change law, Assembly Bill 32, gives...more

Cleantech: Holding Its Breath

Many had hoped that the start of quarterly auctions under California’s new cap-and-trade program would usher in an era of rapid growth for the cleantech sector....more

EU votes in favour of temporarily withholding the sale of 900 million EU allowances from the EU carbon scheme

On July 3, 2013 the members of the European Parliament voted 344-311 in favour of a one-off intervention in the market to withhold the sale of 900 million EU allowances over the next few years (with the intent to return them...more

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