A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more
5/22/2025
/ California ,
Climate Change ,
Commercial Litigation ,
Constitutional Challenges ,
Disclosure Requirements ,
Environmental Litigation ,
Government Agencies ,
Greenhouse Gas Emissions ,
Greenwashing ,
Litigation Strategies ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process
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
Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more
2/27/2025
/ California ,
California Air Resources Board ,
Carbon Emissions ,
Climate Change ,
Constitutional Challenges ,
Discovery ,
Dormant Commerce Clause ,
Environmental Policies ,
First Amendment ,
Greenhouse Gas Emissions ,
Reporting Requirements ,
Supremacy Clause
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
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 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
High Court’s action clears pathway for low-carbon fuel standard programs.
On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al...more