This spring season has seen and will continue to see numerous developments on the front of California’s regulation of greenhouse gases.
On March 28, two environmental organizations filed a lawsuit challenging the cap-and-trade regulation adopted by the California Air Resources Board. The suit, which is the first one filed since CARB’s adoption of the cap-and-trade program, only seeks to enjoin the use of offsets to meet covered entities’ compliance obligations. Because it does not seek to prevent the cap-and-trade program from being implemented with respect to capped sectors, this lawsuit is unlikely to delay or halt implementation of the program. By eliminating one of the program’s primary cost-containment mechanisms, however, the suit could significantly increase compliance costs for capped sectors.
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