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California Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction
Today, the California Court of Appeal rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan. EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32. Their primary …
CONTINUE READINGAB 32 alive and well after final order issued in AIR v. ARB, the EJ challenge to California cap and trade
On Friday afternoon, Judge Goldsmith of the California Superior Court issued his final order in the case pitting environmental justice advocates against the State’s Air Resources Board on the issue of cap and trade (order available here). We’ve written a lot about the case and about the values conflicts underlying it (see here for access …
CONTINUE READINGWill 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 …
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CONTINUE READINGThe recent court decision blocking California’s scoping plan to reduce greenhouse gas emissions: One-stop shopping for recent Legal Planet commentary
Several of the bloggers on Legal Planet have been commenting extensively on the recent California court decision that will block the California Air Resources Board from moving forward with its AB 32 Scoping Plan and related regulations. I’ve provided links below to a series of our posts on this decision. The court, ruling on a …
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 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 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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