Judge’s Decision Paves Way for Cap-and-Trade in California
December 9, 2011
[Note: Thanks to Wendel Rosen attorney Greg Jung for this update and guest post. You can be sure we’ll be watching what happens with cap-and-trade in California.]
On Tuesday, the San Francisco Superior Court Judge who had previously ruled in March 2011 that the California Air Resources Board (CARB) had not adequately considered alternatives to its plan to create a cap-and-trade market for carbon emissions found that CARB has demonstrated satisfactory compliance with adequately complied with his prior orders. (ASSOCIATION OF IRRITATED RESIDENTS et al VS. CALIFORNIA AIR RESOURCES BOARD et al , case no. CPF-09-509562.)
This order paves the way for California to implement the cap-and-trade program. CARB approved and submitted its final cap-and-trade regulations to the California Office of Administrative Law in October 2011. The program is scheduled to take effect in 2013 and is part of the regulations implementing the Global Warming Solutions Act of 2006 (AB32), which requires California to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020.
Superior Court of California, County of San Francisco, Register of Actions in case: http://webaccess.sftc.org/Scripts/Magic94/mgrqispi94.dll?APPNAME=IJS&PRGNAME=ROA22&ARGUMENTS=-ACPF09509562
CARB website info on AB 32: http://www.arb.ca.gov/cc/ab32/ab32.htm