News & Analysis as of

Greenhouse Gas Emissions CARB

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

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

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

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

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

Short-Lived Climate Pollutant Strategy Outlines a Role for POTWs in Organic Waste Diversion

by Downey Brand LLP on

Climate Change Law - In its recently adopted Short-Lived Climate Pollutant (SLCP) Strategy, the California Air Resources Board (ARB) identifies POTWs as key components of the state’s strategy to reduce methane...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

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

CARB Launches Rulemaking for Heavy-Duty Engine Low NOx Standard

by Alston & Bird on

On November 3, the California Air Resources Board (CARB) announced plans for a new low-nitrogen oxide (NOx) standard for heavy-duty engines sold in the state. CARB intends to adopt the new NOx standard—of 0.02 grams per...more

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