tax

Court of Appeal Confirms California Cap-and-Trade is Not a Tax

It’s voluntary and it provides valuable commodities to purchasers

With the feds backsliding (or worse) on climate regulation, the efforts of California and other states to tackle climate change are especially prominent and critical. So it’s a welcome time for today’s good news for California climate regulators: The state court of appeal has rejected industry’s challenge to California’s cap-and-trade program. That program is one …

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The Cap-and-Trade Auction: Still Not a Tax

Folks are talking again about whether California’s climate cap-and-trade auction is an unlawful tax, rather than a valid exercise of the state’s regulatory power to control pollution. The news hook for the revival of this conversation is a recent order, discussed below, from the California Court of Appeal to the parties in the court case where …

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California cap and trade survives industry tax challenge

Auctions can proceed in one of the state’s signature climate change programs

ARB’s winning streak in climate cases continues. A California superior court has rejected a prominent set of industry challenges to the state’s cap-and-trade program, upholding a significant element of California’s suite of programs to comply with AB 32 and to reduce the state’s greenhouse gas emissions back to 1990 levels by 2020. (Opinion here.) The cases were filed by the …

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