News & Analysis as of

Greenhouse Gas Emissions Cap-and-Trade

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

Neste Welcomes California’s Commitment To The Low Carbon Fuel Standard

by Bergeson & Campbell, P.C. on

On July, 19, 2017, Neste, a member of BRAG, issued a statement to congratulate California on its strong climate leadership supporting the transition to clean energy. Neste stated that it looks forward to continuing to...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 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

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

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

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

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

by Beveridge & Diamond PC on

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...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

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

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 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

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

Oregon Lawmakers Consider Carbon Pricing Legislation

by K&L Gates LLP on

This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. In 2007, Oregon passed legislation...more

Washington Continues to Consider a Carbon Tax and Defends Clean Air Rule

by K&L Gates LLP on

This is the first installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. While federal efforts to reduce...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

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