On March 21, 2022, the Securities and Exchange Commission (“SEC”) unveiled its long-anticipated proposed rules on climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for...more
Find out why knowing the difference between renewable diesel and biodiesel can go a long way in understanding the benefits of each....more
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
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
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
As the sands shift on federal climate change policy, California’s cap-and-trade program survives to fight another day. Yesterday, a California Court of Appeal upheld the program because it does not impose a tax subject to...more
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
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
ENERGY AND CLIMATE DEBATE - Congress returns this week following the President’s Day holiday, and the death of Supreme Court Justice Antonin Scalia on February 13 has set the stage for a contentious nomination battle in...more
My colleague, Michael Sherman, posted yesterday about two issues decided in the California Supreme Court’s decision in Center for Biological Diversity v. California Department of Fish and Wildlife. Today, I’ll address the...more
Soon the Environmental Protection Agency will propose greenhouse gas (GHG) regulations for the oil and gas industry sector. The White House Office of Management & Budget (OMB) has begun formal review of an EPA proposal to cut...more
The other shoe finally dropped. The much-speculated and much-anticipated “tax vs. fee” AB 32 Cap and Trade lawsuit has finally been filed. A diverse coalition of businesses and trade groups filed a lawsuit in a state superior...more
In This Issue: Energy and Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Interior Department; Department of Agriculture; Department of State; Treasury Department;...more
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
The California Air Resources Board just released the results of its second auction of GHG allowances. While the auction for vintage 2013 allowances was still healthy, with all allowances sold at $13.62/allowance, the future...more
On December 20, 2012, the California Public Utilities Commission ("CPUC") issued a decision directing the allocation of revenues generated by the investor-owned utilities' auctioning of greenhouse gas ("GHG") allowances...more
The landmark Global Warming Solutions Act of 2006 (“AB 32”) tasked the California Air Resources Board (“ARB”) with reducing greenhouse gas (“GHG”) emissions to 1990 levels by 2020. In adopting a scoping plan assembling a...more
In This Issue: Environmental and Policy Focus - California's first carbon-credit auction raises $290 million; L.A. County proposes water fee on all parcels to clean up storm water; EPA strengthens water quality...more
On November 14, 2012, the California Air Resources Board (ARB) held the first auction for greenhouse gas (GHG) emission allowances under the state's pioneering cap and trade program. More than 70 entities participated in the...more
At California’s inaugural auction of greenhouse gas allowances last week, bidders bought all 23.1 million allowances for 2013 emissions sold at $10.09 per ton, a few significant cents above the floor price of $10. The price...more