AB 32
Might recent events allow Governor Brown to consider a new direction for AB 32 implementation?
My colleague Jonathan Zasloff suggests that environmental justice groups are using litigation to try to get leverage for some sort of compensation or other measures, rather than to actually stop the state’s cap-and-trade program for greenhouse gases. I doubt that. But what I do wonder — with no evidence, but I can speculate wildly on …
CONTINUE READINGCan the Air Resources Board continue to implement measures to reduce greenhouse gases?
One interesting feature of the court decision preventing the state from moving forward with AB 32 is that the court’s decision seems to halt implementation of the entire scoping plan. As I’ll explain, this is an odd result, and one that may be legally required but doesn’t make practical sense. The legal flaw the court …
CONTINUE READINGReflections on environmental justice and AB 32’s emissions trading program
I have a few thoughts on environmental justice and the new court decision halting implementation of the AB 32 scoping plan, inspired by my colleague Ann Carlson’s post, and the comments on that post. Reflecting on the environmental justice community’s successful (at least temporarily) attack on greenhouse gas emissions trading in California – and on the …
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CONTINUE READINGCalifornia Dump Trucks v. CARB
The California Dump Truck Owners Association (“CDTOA”) filed suit in February 2011 against the California Air Resources Board (“CARB”). The suit alleges that CARB’s Truck and Bus Regulation, which is part of the suite of regulations under AB 32 to address greenhouse gas emissions, is unconstitutional. CARB’s Truck and Bus Regulation sets stricter emissions standards for …
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CONTINUE READINGAB 32 Lawsuit: Assessing the Environmental Justice Arguments Against Cap and Trade
As Cara wrote yesterday, a California court has put AB 32 on hold temporarily on the grounds that in preparing its scoping plan, the California Air Resources Board failed to assess alternatives to its plan with appropriate detail. In particular, the court took issue with CARB’s failure , under the California Environmental Quality Act, to …
CONTINUE READINGCourt issues final ruling in AB 32 challenge — enjoins implementation of AB 32 scoping plan pending CEQA fixes
On Friday, a California superior court judge handed down his decision in the challenge, brought by environmental justice advocates, to the state’s implementation of AB 32, California’s landmark Global Warming Solutions Act. The decision is available here. More analysis to come. On first read, the decision looks very similar to the tentative decision issued by the …
CONTINUE READINGThree Obstacles To California Climate Progress
California’s AB 32 — the Global Warming Solutions Act — is the biggest and best thing going on the domestic climate change front. The bill is sweeping in its application and the agency charged with implementing the Act, the California Air Resources Board, has moved aggressively to chart out the path the state will need …
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CONTINUE READINGCourt’s AB 32 Ruling Is Quite Narrow and At Most a Temporary Setback
Cara published a terrific summary of a tentative California superior court decision in which the court held that the state’s Air Resources Board (CARB) violated the California Environmental Quality Act (CEQA) in implementing AB 32, the state’s landmark climate change legislation. The CEQA portion of the ruling — should the judge stick with it when …
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CONTINUE READINGCalif court tentatively rules AB 32 implementation unlawful
A California superior court has issued a proposed decision, not yet final, holding that ARB failed to comply with the California Environmental Quality Act (CEQA) in its adoption of the Scoping Plan that is guiding its implementation of AB 32, California’s landmark climate change law. The ruling proposes to set aside ARB’s CEQA documentation and to …
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CONTINUE READINGGoogle Earth Engine and Forest Offsets in California Cap-and-Trade
Last week, Google Labs released Google Earth Engine, an online platform for viewing and analyzing satellite imagery and data. The platform’s strengths are ease of use for viewing images, collaboration tools, and use of Google’s computing infrastructure to analyze the satellite data. Google intends to use the platform to, among other things, help developing countries …
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