Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more
3/10/2025
/ California ,
CARB ,
Chamber of Commerce ,
Climate Change ,
Constitutional Challenges ,
Disclosure Requirements ,
Environmental Policies ,
First Amendment ,
Greenhouse Gas Emissions ,
Preliminary Injunctions ,
Regulatory Requirements ,
Strict Scrutiny Standard
Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more
2/21/2025
/ Administrative Procedure Act ,
CARB ,
CEQA ,
Climate Change ,
Constitutional Challenges ,
Environmental Policies ,
Final Rules ,
Greenhouse Gas Emissions ,
Low Carbon Fuel Standard ,
Regulatory Requirements ,
Renewable Energy
CARB will not penalize reporting entities for incomplete Scope 1 and 2 emissions disclosures under SB 253, irritating lawmakers and raising the specter of oversight hearings....more
1/2/2025
/ CARB ,
Climate Change ,
Comment Period ,
Corporate Governance ,
Disclosure Requirements ,
Financial Reporting ,
Governor Newsom ,
Greenhouse Gas Emissions ,
Proposed Amendments ,
Risk Assessment ,
Rulemaking Process ,
Time Extensions
In-scope entities should keep preparing for compliance with Senate Bills 253 and 261 as the lawsuit proceeds past an initial summary judgment motion....more
11/19/2024
/ CARB ,
Chamber of Commerce ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Governance ,
Disclosure Requirements ,
Discovery ,
First Amendment ,
Greenhouse Gas Emissions ,
Motion for Judgment ,
Pending Litigation ,
Risk Assessment ,
Supremacy Clause ,
Task Force on Climate-related Financial Disclosures (TCFD)
The plan accelerates already ambitious climate goals for California and charts a course to carbon neutrality by 2045.
On December 15, 2022, the California Air Resources Board (CARB) adopted its Final 2022 Scoping Plan...more
The 2020 wildfire season alone released more carbon dioxide than what California reduced through years of emission cuts.
California is a recognized leader in climate policy, but a wildfire crisis is threatening to unwind...more
The climate bills championed by Governor Newsom stand to alter the state’s climate policy for years to come.
On August 31, 2022, the last day of its 2021-2022 session, the California Legislature passed four climate bills...more
9/9/2022
/ CARB ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Climate Change ,
Energy Sector ,
Governor Newsom ,
Greenhouse Gas Emissions ,
Nuclear Power ,
Oil & Gas ,
Pending Legislation ,
Pipelines ,
Setback Rules
California continues to push toward its statewide carbon-neutrality goals.
On August 25, 2022, the California Air Resources Board (CARB) unanimously approved regulations that require all new 2035 and later passenger...more
8/30/2022
/ Biden Administration ,
CARB ,
Clean Air Act ,
Climate Change ,
Electric Vehicles ,
Environmental Protection Agency (EPA) ,
Governor Newsom ,
Greenhouse Gas Emissions ,
New Regulations ,
Waivers ,
Zero-Emission Vehicles
If adopted, the Senate bill would require large US companies doing business in California to report Scopes 1, 2, and 3 emissions as of January 2024.
The California Legislature is considering a bill to impose corporate...more
The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court.
On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more
11/9/2021
/ Air Quality Standards ,
Airlines ,
CARB ,
Carbon Emissions ,
Constitutional Challenges ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Motion To Intervene ,
New Regulations ,
NGOs ,
Preemption ,
SCAQMD ,
State Attorneys General ,
State Constitutions ,
Taxation ,
Transportation Industry ,
Trucking Industry ,
Warehouses
The agency has further strengthened electrification targets and provided additional details on compliance options for Transportation Network Companies.
The California Air Resources Board (CARB) is developing the Clean...more
California is making significant progress on a first-of-its-kind regulation that will reduce GHG emissions from ride-sharing vehicles.
As directed by Senate Bill (SB) 1014, the California Air Resources Board (CARB) is...more
The Governor has issued an Executive Order with sweeping implications for the oil and gas industry and others.
On September 23, 2020, California Governor Gavin Newsom signed Executive Order N-79-20, which will have...more
On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the...more
In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more
Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS).
Earlier this year, the...more
As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more
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
On July 12, 2014, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes...more