News & Analysis as of

Greenhouse Gas Emissions CARB Appeals

Downey Brand LLP

California Air and Climate Vol 18: EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations Upheld; Phasing Out...

Downey Brand LLP on

Ninth Circuit Upholds U.S. EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations - On February 10, 2021, the U.S. Court of Appeals for the Ninth Circuit denied a challenge to the U.S. Environmental Protection...more

Downey Brand LLP

California Air and Climate Vol. 7: Greenhouse Gas Emissions Targets for Ride-Hailing Companies; USEPA’s Alleged Failure to...

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California Targets Greenhouse Gas Emissions from Ride-Hailing Companies - At a February 22, 2019 workshop, the California Air Resources Board (“CARB”) unveiled its planned “Clean Miles Standard” that will require...more

Farella Braun + Martel LLP

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

Jones Day

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

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

Downey Brand LLP

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

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

Perkins Coie

CA Court of Appeal’s Split Decision Upholds CARB Cap-and-Trade Program

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

Nossaman LLP

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears...

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

Stoel Rives LLP

Is A 16% Reduction in GHG Emissions From "Business-As-Usual" Enough Under CEQA?

Stoel Rives LLP on

Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California...more

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