D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v. EPA et al , 2011 U.S. App. LEXIS 8685 (D.C. Cir.:...

Cap-and Trade War Coming Our Way

By Robert F. Lawrence, Partner, and Dustin Till, Associate, Marten Law Cap and trade is a market-based framework under which aggregate emissions are capped and regulated businesses must obtain (through government allocations, auctions, or secondary trades) an allowance for each ton of greenhouse...

Marten Law: Previewing Legal Challenges to Cap-and-Trade

By Robert F. Lawrence, Dustin Till and Svend Brandt-Erichsen, Matren Law PLLC Excerpt: California's greenhouse gas (GHG) cap-and-trade program is due to be finalized within a few weeks, over widespread opposition and concern about its effects on California's economy. Looking forward, California...

California Superior Court blocks regional GHG regulations for failing to undertake CEQA review

In Nov. 2010 the California Building Industry Association (CBIA) filed suit against the Bay Area Air Quality Management District's (BAAQMD) CEQA Guidelines re GHG emissions. Among other requirements, environmental evaluations were required if a project was to be built within 1,000 feet of a freeway...

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