CARB

UCLA Emmett Center Assessment of California’s Cap and Trade Regulations

In the wake of the financial market meltdown and liquidity crisis of 2008,  some opponents of a cap and trade program to regulate greenhouse gas emissions have argued that such a system could lead to the kind of market manipulation that led to the 2008 crash.  The UCLA School of Law Emmett Center on Climate Change and the Environment today released …

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California Slowing Down on Cap and Trade

Yesterday, Mary Nichols slipped a bit of a bombshell  into testimony before the California Senate Select Committee on the Environment, the Economy and Climate Change.  She announced that the state’s Air Resources Board is planning to “initiate” the cap and trade program in 2012 but not “start the requirements for compliance”  until 2013.  This effectively …

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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 …

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Can 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 …

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Reflections 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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California 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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AB 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 …

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Court 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 …

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Court’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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California environmental justice advocates sue Air Resources Board over climate scoping plan

UPDATES: California Air Resources Board Chair (and former UCLA colleague) Mary Nichols comments below. The Complaint in this action is available here (caption page separately available here). A coalition of California environmental justice advocates has filed a lawsuit challenging the legality of the California Air Resources Board‘s scoping plan for AB 32, the landmark climate …

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