Tag: California Air Resources Board

How Due Process Will Wither and Die under California’s New Air Contaminant Law: AB 1132 Authorizes Air Districts to Shut Down Facilities Without a Hearing

Governor Jerry Brown signed Assembly Bill 1132 (“AB 1132”) into law on August 7, 2017.  The bill, authored by Democratic Assemblymember Cristina Garcia, adds Section 42451.5 to the Health and Safety Code which authorizes air districts to issue interim orders for abatement pending an abatement hearing for non-vehicular sources of air pollution.  The South Coast … Continue Reading

Senate Bill Proposes Major Market-Based Remodel of Cap-and-Trade Program

California’s cap-and-trade program withstood a battle in court, and now the Legislature is proposing changes to the controversial program.  Senator Bob Wieckowski (Democrat – District 10), Chair of the Environmental Quality Committee, has authored Senate Bill 775 (“SB 775”) which would extend the cap-and-trade program to 2030 with modifications.  The existing cap-and-trade program, established under … Continue Reading

What You Need to Know about the Proposed Revisions to Cap and Trade

Late Tuesday, the California Air Resources Board (ARB) released draft amendments to the state’s cap and trade regulation, including revisions to the current program in place through 2020, an extension of the program through 2030, and setting the stage for continued emissions reductions under the program through 2050.  ARB’s proposed amendments come in the middle … Continue Reading

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those bills. Stoel Rives is monitoring these bills and will provide periodic updates as the bills move through the legislative process. SENATE … Continue Reading

U.S. Supreme Court Declines to Hear Dispute over California Low Carbon Fuel Standard

Today, the U.S. Supreme Court denied petition for review in Rocky Mountain Farmers Union v. Corey. In Rocky Mountain Farmers, the Ninth Circuit addressed the constitutionality of California’s Low Carbon Fuel Standard (LCFS), focusing specifically on whether the LCFS discriminates against out-of-state businesses and thus violates the dormant Commerce Clause. Read our September 2013 blog … Continue Reading

Ninth Circuit Holds California’s Low Carbon Fuel Standard is Constitutional on its Face

This week, the Ninth Circuit Court of Appeals issued its decision in Rocky Mountain Farmers Union v. Corey, ruling on the constitutionality of California’s Low Carbon Fuel Standard (LCFS).  The Court of Appeals reversed the District Court’s holdings in large part, in particular finding that the LCFS does not on its face violate the dormant … Continue Reading

California Appeals Court: Air Resources Board Low Carbon Fuel Standards Regulations Violate CEQA

In Poet, LLC et al. v. California Air Resources Board et al., the Fifth Appellate District held the Air Resources Board (“ARB”) violated CEQA and the APA with its approval of the Low Carbon Fuel Standards (“LCFS”) regulations, and ordered the lower court to issue a peremptory writ of mandate, requiring ARB to take certain … Continue Reading

New Lawsuit Challenges California’s Cap and Trade Auctions

The California Air Resources Board (CARB) is facing another legal challenge to its cap and trade program – Morning Star Packing Co. v. California Air Resources Board (Sacramento Superior Court case no. 34-2013-80001464, filed April 16, 2013).  A coalition of twelve companies, trade associations, and individuals filed the new lawsuit on Tuesday, challenging the legality … Continue Reading

California Air Resources Board Issues Results of Quarterly Cap and Trade Allowance Auction

On February 19, 2013, the California Air Resources Board held its second auction of greenhouse gas (GHG) emission allowances for its Cap and Trade Program.  This was the first quarterly auction for 2013; the first auction was held November 14, 2012.  All ‘covered entities’ – GHG emitters regulated under Cap and Trade – were eligible … Continue Reading

California Air Resources Board Issues AB 32 Report

The California Air Resources Board has released its first semi-annual report to the California Legislature on the agency’s AB 32 programs, designed to meet the state’s goal of reducing greenhouse gas emissions to 1990 levels by 2020.  The report details recent developments and anticipated milestones for three of CARB’s major AB 32 initiatives:  the cap … Continue Reading

Injunction on California’s Low Carbon Fuel Standard Lifted Pending Appeal

The Ninth Circuit Court of Appeals has lifted an injunction that prevented the California Air Resources Board (CARB) from enforcement of the state’s low carbon fuel standard (LCFS), pending appeal of a lower court decision enjoining the LCFS.  In December 2011, a federal district court found the LCFS in violation of the dormant commerce clause, … Continue Reading

First California Cap-and-Trade Auction Delayed, Lawsuit Filed to Challenge Offset Protocols

From Allison C. Smith and Lee N. Smith: Last week was busy for the California Cap-and-Trade Program, adopted by the California Air Resources Board (CARB) last December under A.B. 32. First, last Tuesday, CARB Chairman Mary Nichols announced at a Senate hearing that the first scheduled Cap-and-Trade allowance auction, scheduled for August 2012, will be … Continue Reading

CARB Releases Draft Changes To Cap And Trade Regulations

The California Air Resources Board has released draft changes to the Board’s late 2010 version of its greenhouse gas cap-and-trade regulation. The changes deal with emission allocations for public and investor-owned utilities, changes the timing of auctions, the scope of enforcement, and other issues. A workshop will has been set for July 15, 2011.… Continue Reading

Compliance with California Cap-and-Trade May Be Deferred Until 2013

California greenhouse gas emitters may be granted a reprieve.  The Executive Director of the California Air Resources Board (CARB), Mary Nichols, testified before the California Senate Select Committee on the Environment, the Economy, and Climate Change yesterday that CARB is proposing to delay requirements for compliance with the state cap-and-trade program for a year.  Nichols … Continue Reading

CARB Issues Supplement to A.B. 32 Scoping Plan Environmental Review

Yesterday, the California Air Resources Board (CARB) released a Supplement to its Functional Equivalent Document (FED) for the A.B. 32 Climate Change Scoping Plan – the environmental review document for the Scoping Plan.  The Supplement was prepared as a result of a ruling against CARB in Association of Irritated Residents, et al. v. California Air … Continue Reading
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