Category Archives: Global Climate Change

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GHG Allowance Auctions are Not a Tax; Key Element of State’s Cap-and-Trade Program Upheld

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 long-awaited decision in the consolidated lawsuits challenging the greenhouse gas (“GHG”) emission allowance auctions, which are a key component … Continue Reading

Climate Change Gets Fashionable: The Fashion Industry Embraces The President’s Climate Change Initiative

The fashion industry has recently been using its clout and cachet to combat climate change. Who else has a heavy hand in the fight against climate change? The answer, while a bit less surprising, is the White House. With a common goal, it has been an inspiring journey for these two unlikely allies.… Continue Reading

Supreme Court Grants Limited Review of GHG Emissions Regulations

On October 15, 2013, the United States Supreme Court granted certiorari to review six of the nine submitted petitions stemming from an appellate court ruling upholding Environmental Protection Agency (“EPA”) greenhouse gas (“GHG”) controls at utilities, factories and other facilities around the country.  Specifically, the challenged appellate ruling from the Court of Appeals for the District of … Continue Reading

EU Carbon Trading System Wins Parliament’s Support

Today the European Parliament approved a proposal to delay the issue of 900 million emissions allowances (each representing the right to emit one metric ton of carbon dioxide or greenhouse gas equivalent, or CO2e). The purpose of the measure is to ease supply pressure in the European Union Emissions Trading System (EU-ETS), which has been trading CO2e allowances … Continue Reading

Recent Federal and International Developments Good for California Cap and Trade

Plans announced by the White House today (June 25) show a credible pathway to meet targets pledged by the President pursuant to the Copenhagen Accord (reduction of greenhouse gas emissions 17% below 2005 levels by 2020). Relatedly, last month the Obama administration increased the assumed social cost of greenhouse gas emissions used for cost-benefit analysis … Continue Reading

Can California Cap and Trade if Brussels Stumbles?

By Jeffrey Rector  Last week, the European Parliament rejected a proposal to reduce the quantity of greenhouse gas (GHG) emissions allowances in order to fix a supply-demand imbalance in the European Union Emissions Trading System (EU ETS). Some view this as the beginning of the end of the European Union’s ten-year carbon cap-and-trade experiment. A … Continue Reading

What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction

By Whitney Hodges, Randy Visser & Olivier Theard  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 number of differing, but complementary, GHG reduction strategies, the ARB included a “cap-and-trade” program as one … Continue Reading

California Appellate Court Greenlights Air Resources Board’s Cap-And-Trade Program [1]

Association of Irritated Residents v. California Air Resources Board et al., A132165 (1st  Dist. Div. 3, June 19, 2012) By Randolph Visser and Whitney Hodges On June 19, 2012, the California First District Court of Appeal upheld the California Air Resources Board’s (“ARB”) Climate Change Scoping Plan (“Scoping Plan”), which charts dozens of climate change control measures. This ruling … Continue Reading

California Adopts Revolutionary New Clean Car Standards

By Whitney Hodges On January 27, 2012, the California Air Resources Board (“ARB”) notched a potential victory in the battle against greenhouse gas (“GhG”) emissions. In a unanimous vote, ARB adopted the Advanced Clean Cars (“ACC”) regulatory package, which is a program designed to deliver cleaner air, reduce GhG emissions, and help build the market … Continue Reading

Enforcement of California Low-Carbon Fuel Standard Blocked

By Heather Plocky and Olivier Theard California’s effort to reduce the carbon footprint of producers and refiners of fuel has hit a snag. Shortly after the passage of the Global Warming Solutions Act (AB32), requiring reduction of greenhouse gases to 1990 levels by 2020, former California Governor Arnold Schwarzenegger signed an Executive Order setting a … Continue Reading

ARB Passes Final Regulations for Cap-And-Trade Program

By Whitney Hodges & Olivier Theard After months of CEQA litigation and political lobbying, including an appeal to the California Supreme Court (previous article can be found here), California’s landmark climate change bill, the Global Warming Solutions Act of 2006 (“AB 32”), has been modified and appears ready to be implemented starting in January 2012.… Continue Reading

California AB 32’s Cap-And-Trade Program Developments

By Randolph Visser, Olivier Theard, & Whitney Hodges 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 … Continue Reading

City’s “Business‑As‑Usual” Threshold OK For Evaluating Greenhouse Gas Emissions Under CEQA

Citizens for Responsible Equitable Environmental Development ("CREED") v. City of Chula Vista, Docket No. D05779 By Jeff Forrest and Ashley Hirano   In this clean-tech era, Citizens for Responsible Equitable Environmental Development ("CREED") v. City of Chula Vista marks only the third time that a court has published a case addressing greenhouse gases in California. In … Continue Reading

Carbon Dioxide Emissions Not Subject to Federal Common Law Nuisance Claims

American Electric Power Co., Inc. v. Connecticut (June 20, 2011, No. 10-174) __ U.S. __ By Robyn Christo & Micah Bobo In the battle over climate change, the Supreme Court once again set an important precedent in American Electric Power Co., Inc. v. Connecticut (“American Electric Power”). In an 8-0 decision written by Justice Ginsburg … Continue Reading

Superior Court’s Injunction Preventing California’s Cap and Trade Program Has Been Stayed…Right?

By Randolph C. Visser and Whitney Hodges Until recently, Association of Irritated Residents v. California Air Resources Board proceeded along the litigation path as smoothly as any environmental challenge might. However, things took an unexpected twist last week that has left unanswered questions and many spectators baffled.… Continue Reading

Final Decision Suspends California’s AB 32 GHG Regulations: What Now?

By Whitney Hodges On March 18, 2011, Judge Ernest Goldsmith of the San Francisco County Superior Court suspended implementation of AB 32, California’s landmark law to reduce greenhouse gas (“GHG”) emissions. In Association of Irritated Residents v. California Air Resource Board, [Statement of Decision] the Court found the California Air Resource Board (the “ARB”)’s adoption of … Continue Reading

California Court Issues Tentative Ruling Enjoining AB 32 Implementation

By Whitney Hodges On January 21, a San Francisco Superior Court issued a proposed decision that could significantly delay the implementation of the Global Warming Solutions Act of 2006 (“AB 32”). In Association of Irritated Residents, et al. v. California Air Resources Board, Case No. CPF-09-509562, the Court held that the California Air Resources Board (CARB) failed … Continue Reading

Proposition 23’s Failure Means Full Speed Ahead On AB 32

By Gregory E. Woodard Proposition 23 would have suspended AB 32, California’s 2006 global warming initiative, until unemployment fell under 5.5% for one year. The campaign was bitter, with both sides claiming doom and gloom whether Prop 23 passed or failed. The electorate spoke loudly and soundly defeated Prop 23, 61%-39%.… Continue Reading

The Truth About Proposition 23: Is it a “California Jobs Initiative” or a “Dirty Energy Proposition”…or Neither?

By Greg Woodard and Jim Pugh On November 2, 2010, Californians will cast a vote on Proposition 23 (the "California Jobs Initiative") and decide whether or not to suspend AB 32, also known as the "Global Warming Solutions Act of 2006." The legislature enacted AB 32 with the intention of establishing California as a national … Continue Reading

A Brief Overview of the Recent Amendments to CEQA Guidelines

By Brenna Moorhead On December 29, 2009, the California Natural Resources Agency ("Resources Agency") adopted amendments to the guidelines implementing the California Environmental Quality Act ("CEQA").  The amendments were filed with the Secretary of State on February 16, 2010 and will assist lead agencies in complying with CEQA’s existing requirements when analyzing and mitigating the … Continue Reading

U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Strategic Climate Change Plan

By Robert Uram and Robyn Christo The United States Fish and Wildlife Service (the "Service") is accepting public comments through November 23, 2009, on its proposed Strategic Plan for Climate Change ("Strategic Plan") and accompanying 5-Year Action Plan ("Action Plan"). Both Plans are part of the Department of the Interior’s (the "Department’s") commitment to organizing a … Continue Reading

California Governor Signs S.B. 827 into Law; South Coast Air Quality Management District Now Permitted to Continue Emissions Trading Program

By Misti M. Schmidt In 2008, a superior court judge placed a moratorium on certain aspects of the emissions trading program administered by the South Coast Air Quality Management District ("District"), instructing the District to complete an environmental impact report regarding its 2007 amendments to District Rule 1315 and District Rule 1309.1. See Natural Resources … Continue Reading
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