Despite a raft of legal challenges, the California Air Resources Board ("ARB") greenhouse gas emissions cap and trade auction program continues its forward march. As described by Stoel Rives attorneys Graham Noyes, Allison Smith and Parissa Ebrahimzadeh in a Law360 article, the Sacramento Superior Court recently upheld the constitutionality of the program in the related cases of California Chamber of Commerce v. ARB and Morning Star Packing Company v. ARB.
Noyes et al. note that so far every lawsuit filed to challenge the California Global Warming Solutions Act, or AB 32, and its programs has been unsuccessful in significantly knocking back implementation of the programs. They add that the longer AB 32 programs survive the various legal challenges, the more regulated entities and other program participants must undertake compliance efforts.
Read the full Law 360 article (PDF)
"Calif. Cap and Trade Still Under Fire" was published by Law360, December 9, 2013. Republished with permission.