Tag: CARB

SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE #3 – APRIL 24, 2017

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley.  We welcome your comments and updates. South Coast Air Quality Management District *Governing Board Shift:  New Governing Board Member Sheila Kuehl replaced Mike Antonovich, returning the Board to a Democratic … Continue Reading

CARB Wins Again on Cap-and-Trade, But Is It Really in Any Danger of Losing?

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 the two-thirds supermajority vote requirement under Proposition 13.  The Court also affirmed the California Air Resources Board’s (CARB) authority to … Continue Reading

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

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 Environmental Quality Act (CEQA) and California Endangered Species Act (CESA) issues.  The opinion also provides a useful (although unpublished) discussion on how … Continue Reading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 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

Looking at CEQA’s Climate Change Analysis Beyond 2020, a Trial Court Gives Weight to Executive Order S-3-05

In December 2012, San Diego Superior Court Judge Timothy Taylor ruled that the San Diego Association of Governments (SANDAG) had violated the California Environmental Quality Act (CEQA), in part because the Environmental Impact Report (EIR) that SANDAG prepared for its 2050 Regional Transportation Plan (RTP) failed to analyze the greenhouse gas (GHG) targets set by … 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

Cap-and-Trade Regulation Passed by CARB

On October 20, 2011 the California Air Resources Control Board (CARB) passed the cap-and-trade regulation that was called for the in the AB32 Scoping Plan.  The main focus of the regulation is to establish a program that allocates a certain allowance of greenhouse gas emissions to the industry based on certain calculations. Those emissions allowances … Continue Reading

The Second Notice of Modifications To The Cap and Trade Program

On September 12, 2011 the California Air Resources Control Board (CARB) released the Second Notice of Public Availability of Modified Text and Availability of Additional Documents and Information.  This is the second revision of the “minor” changes made  to the December 16, 2010 approval of the Cap and Trade Program. These additional modifications address comments CARB … Continue Reading

CARB Releases RFPs For The Cap and Trade Program

Four major RFPs for the Cap and Trade Program are out for public review. Essentially the four RFPs are for:  1) An operator to run the auction; 2) A contractor to provide financial services for participants that need to purchase emission allowances; 3) An entity to monitor the market and report activities in various jurisdictions that may … 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

Cap & Trade Injunction Stayed by Appeal of Lower Court Decision

As we discussed previously, the AB 32 rule making process for Cap and Trade received a large setback when the lawsuit brought by several environmental groups successfully argued, at the Superior Court level, that the environmental document that was required to be approved at the time the regulations were approved was deficient.   The Court after … Continue Reading

California Cap & Trade Challenge Final Order Issued

On Friday, May 20, 2011, Judge Goldsmith of San Francisco Supreme Court issued a final order  (PDF) with respect to a lawsuit challenging the environmental review of the Cap and Trade regulations created under California’s AB 32 Greenhouse Gas statute and the associated Scoping Plan. In its order, the Court enjoined the Cap and Trade portion of the … Continue Reading
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