Legal Alert - California Scores Another Cap-and-Trade Victory
by Richard J. McNeil, Sean M. Sherlock, Patrick J. Paul and Colin R. Higgins
The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of 2006”). In a decision by San Francisco Superior Court Judge Ernest H. Goldsmith in the case of Citizens Climate Lobby and Our Children’s Earth Foundation v. California Air Resources Board, Case No. CGC-12-519554 (January 25, 2013), Judge Goldsmith rejected a challenge by two environmental groups to a technical component of CARB’s cap-and-trade program. Cap-and-trade is the market-based mechanism by which CARB seeks to enable industry to reduce emissions.