cap-and-trade

Milestones in State Climate Policy

The first efforts to clean up the grid date back forty years, but state climate policy really got moving at the turn of the century.

The federal government’s interventions in climate policy have been erratic, driven by political polarization and alternating control of the White House. In contrast, state governments have engaged in steady campaigns to reduce carbon emissions.  Some people seem to think this has been a recent innovation, but it has now been ongoing for a generation.  Here are some the key milestone along the way, closing with Trump’s pledge to bulldoze state policies that don’t fall in line with his priorities.

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The Top Ten Things to be Thankful for this Year

It’s been a horrible year for federal environmental law, but there are hopeful developments elsewhere.

This is, if not the winter of our discontent, at least the late autumn.  In terms of federal environmental policy, 2025 has been a disaster. Trump’s previous term in office pales by comparison.  But all is not gloomy.  Outside of D.C., there have been encouraging developments within the U.S. and globally.
Here are ten of those positive developments.

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California Takes a Stab at Climate and Energy Costs

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

It’s remarkable that with everything else that’s raging, climate and energy bills still managed to dominate the legislative session that just wrapped in Sacramento. After all, the reason lawmakers were still at work this past Saturday — the day after the legislative session was supposed to end — was that negotiations on climate bills pushed …

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Leveraging Cap-And-Trade Proceeds for Long-Term Utility Bill Savings and Pollution Reduction

State leaders have an opportunity to expand the benefits with cap-and-trade reauthorization.

California’s decades-long role as a climate action pioneer is facing serious headwinds. While the Trump administration and its allies have launched a full-scale attack on clean technologies, state leaders are also wrestling with an electorate now more focused on lowering prices than environmental protection. Energy costs stand in the middle. This dynamic is playing out …

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Last Year’s Climate Bond May Not Be What You Thought

While investing in important adaptation and resilience measures, Proposition 4 does less to create new clean energy infrastructure investments

Last year, legislators passed, the governor signed, and California voters approved, a ten billion dollar climate bond (the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, SB 867 (Allen), which appeared on the November ballot as Proposition 4). While the bond act’s full title largely tells the story of …

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DOJ vs. C&T

What Trump’s new lawsuits against two states may mean for California’s cap-and-trade program.

As my UCLA Law colleague Ann Carlson described last week, Trump’s DOJ has filed two pretty extraordinary lawsuits against the states of Michigan and Hawaii trying to block those states — preemptively — from bringing suit against fossil fuel companies for climate harms.  As Ann points out, these DOJ suits are among the first salvos …

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Brazil Steps Ahead of the U.S. on Climate Policy

Brazil flag

A new emissions trading system is a major step for Brazilian climate policy.

Hopefully, Brazil’s actions will encourage other countries, particularly in South America, to take similar actions.  The EU and California have been leaders in this arena, but carbon trading systems are now beginning to get traction outside of the developed world in China and now Brazil.  That’s an encouraging sign.

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Climate Policy After the 2024 Election

In this UCLA Emmett Institute webinar, panelists discussed the climate implications of the 2024 election from the state, national, and international perspective.

Climate certainty. Legislative action. Whipsaw regulations. An exodus of civil servants. Chinese leadership despite being the world’s largest emitter. Those are a few of the possible outcomes of the Nov. 5 presidential election, according to our panelists.  More than in any previous election, the two major candidates’ track records on environmental policies are well-established and …

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New York Adopts Cap and Trade

Yes, the new NY law includes some bans on natural gas. That’s far from all it does.

Last week, New York Gov. Kathy Hochul signed major climate legislation. Press coverage focused on one small piece of the legislation: a partial ban on natural gas use in new buildings.  That’s controversial and easily grasped by the public. But a much bigger part of the new law went almost unnoticed: the legislature’s endorsement of …

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Cap and Trade Heats Up—For Better or Worse

Prices are high and markets are proliferating as program designers lean away from the more controversial elements of carbon trading.

This past year has been big for cap-and-trade-style systems, and that momentum looks like it’s continuing in 2023. Recently, we’ve seen new programs start up in Oregon and Washington, a proposal in New York State for new carbon markets, and sustained high prices in existing programs in California and the Northeast. Although these programs differ …

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