This article is the latest in a series chronicling the first litigation challenge to AB 32 (the Global Warming Solutions Act) and the cap-and-trade program in Association of Irritated Residents, et al. v. California Air Resources Board, Case No. CPF-09-509562, ("Ass'n of Irritated Residents v. CARB"). Though environmental justice groups continue to object to cap-and-trade as the primary vehicle to reduce greenhouse ("GHG") emissions to 1990 levels by 2020, the California Supreme Court recently allowed California Air Resources Board's ("ARB") cap-and-trade implementation to move forward, and agency rule development continues.

On August 24, 2011, the ARB Board ("Board") unanimously approved both ARB's new supplemental assessment ("Supplement") and re-approved its Scoping Plan, which provides the overall roadmap and rule measures to carry out AB 32. The Board also approved a more robust California Environmental Quality Act equivalent document supporting the supplemental analysis of the cap-and-trade program.