News & Analysis as of

Double Whammy for State Fuel Suppliers

The California Air Resources Board (CARB) is poised to readopt the Low-Carbon Fuel Standard (LCFS) regulation in early 2015. With its readoption, CARB hopes to put to rest challenges that required a redo of the environmental...more

Beveridge & Diamond Secures Favorable CARB Determination in Offset Investigation for U.S.’s Largest GHG Offsets Provider

Attorneys in Beveridge & Diamond’s San Francisco office recently helped the largest developer of greenhouse gas (GHG) offset credits in the U.S., Environmental Credit Corp. (ECC), secure a favorable determination from the...more

CARB Invalidates Offsets for Facility's Alleged RCRA Noncompliance

On November 14, 2014, the California Air Resources Board (CARB) released a final determination invalidating almost 89,000 previously-issued offset credits due to CARB’s conclusion that the facility at issue failed to comply...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

Outstanding Design Flaws in California’s Cap-and-Trade Program

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers...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

California Environmental Law and Policy Update - July 2014 #2

Environmental and Policy Focus: House holds hearing on proposed ‘Waters of the United States’ rule - Association of California Water Agencies - Jul 9: The House Science, Space, and Technology Committee held a hearing...more

Is RGGI in New Jersey's and Pennsylvania’s Future?

With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the...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 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

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

Aviation: European Commission proposes to amend the EU Emissions Trading Scheme (“ETS”) to limit its applicability to the European...

The European Commission has recently modified its proposed roll-out of a cap-and-trade scheme affecting international aviation. On 16 October 2013, the European Commission introduced a proposal for a Directive amending...more

Three West Coast States Join with British Columbia in Regional Climate Pact

On October 28, 2013, the states of California, Oregon, and Washington joined with the Canadian province of British Columbia to sign a regional agreement that promises to coordinate long-term climate policy, including the...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

Was 2009 Really That Long Ago? Thoughts On Federal Carbon Policy

It seems hard to believe now, but only a few years ago it looked like we might get federal cap-and-trade legislation to address greenhouse gas emissions. Almost exactly four years ago the House of Representatives passed the...more

MassDEP Proposes Amendments to CO2 Budget Trading Regs to Implement RGGI Program Changes

On Friday, MassDEP released for public review and comment draft amendments to the CO2 Budget Trading Program regulations. These amendments are designed to implement the changes to the Regional Greenhouse Gas Initiative...more

Recent Federal and International Developments Good for California Cap and Trade

Plans announced by the White House yesterday (June 25) show a credible pathway to meet targets pledged by the President pursuant to the Copenhagen Accord (reduction of greenhouse gas emissions 17% below 2005 levels by 2020)....more

Can California Cap and Trade if Brussels Stumbles?

Last week, the European Parliament rejected a proposal to reduce the quantity of greenhouse gas (GHG) emissions allowances in order to fix a supply-demand imbalance in the European Union Emissions Trading System (EU ETS)....more

Act II At The Obama EPA: Gina Mccarthy (Is Predicted) To Take The Helm

The President gave an indication of his environmental focus in his inaugural address, and then again in his state of the union speech. The focus would be on climate change. ...more

California Cap and Trade Auction #2 Results

Last week, the California Air Resources Board (CARB) held its second Cap and Trade Allowance Auction (auction) of the program, and the first one since carbon obligations started accruing January 1 for compliance entities. ...more

Focus On Cleantech | Climate Change - February 2013: Greenhouse Gas Emissions Reduction In Ontario: A Discussion Paper From The...

On January 21, 2013, the Ontario Ministry of the Environment posted a discussion paper regarding greenhouse gas (GHG) emissions reduction in Ontario, eliciting public input in the development of the Ministry’s GHG reduction...more

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