Court allows California to continue developing cap and trade program pending appeal

This just in: Late today, a California appellate court granted the State’s request to stay (in other words, lift), pending appeal, the injunction issued by the lower court in Ass’n of Irritated Residents vs. CARB, the environmental justice community challenge to California’s work so far under its Global Warming Solutions Act (AB 32).  Absent any …


Air Resources Board Releases New Environmental Assessment of Cap and Trade to Comply with Judge’s Order

The California Air Resources Board (CARB) is covering all its bases in responding to a judge’s order that CARB violated  the California Enviornmental Quality Act (CEQA) in adopting its scoping plan to implement AB 32 (the state’s  climate change legislation).  As I reported last week,  CARB has  won an order from the appeals court allowing the state …


Dueling Orders and Lots of Confusion in AB 32 Case

Yesteday, I described a California Court of Appeals order lifting the injunction preventing the California Air Resources Board (CARB) from implementing its cap and trade program.  The order was apparently issued last Friday afternoon.   Even in this age of instantaneous communication, however, apparently neither the Superior Court judge in the case, Earnest H. Goldsmith, nor the lead …


Breaking News: AB 32 Cap and Trade Program Allowed to Proceed Pending Appeal

The 1st Appellate District of the California Court of Appeal has temporarily stayed (in other words lifted) the trial court’s injunction preventing the California Air Resources Board from implementing its cap and trade program for greenhouse gas emitters.  As Cara blogged previously, the trial court in Association of Irritated Residents v. ARB issued a writ of …


Will AB 32 Regulations Move Ahead Despite the Court Ruling?

We’ve extensively covered the litigation over California’s landmark climate change law, AB 32.  Now, per the Clean Energy Report, CARB might be able to move ahead with the cap-and-trade regulations anyway: the trial court might very well stay its decision pending appeal, which is not unheard of, and according to the state’s attorneys, occurs automatically upon …