California’s Cap-and Trade Program wins in court, program’s future still unclear

Kyle Danish, a Partner with the law firm Van Ness Feldman, summarizes the April 6 a California appellate court 2-1 decision that preserves the state’s landmark cap-and-trade program. Van Ness Feldman is a member of the International District Energy Association (IDEA).

Kyle Danish

Kyle Danish

For climate policy advocates, California has been a kind of sanctuary state, unflagging in its commitment to ambitious mitigation strategies even as the Trump Administration moves to unwind programs at the federal level. In 2016, the California Legislature enacted an aggressive target for the state: reduce greenhouse gas (GHG) emissions 40 percent below 1990 levels by 2030. However, the state’s climate policies have been subject to ongoing judicial and legislative uncertainty.

On April 6, 2017, a California appellate court lifted one of those clouds of uncertainty, issuing a 2-1 decision that preserves the state’s landmark cap-and-trade program – at least through 2020. California Chamber of Commerce v. CARB. Thereafter, the fate of the cap-and-trade program is in the hands of the California Legislature, which is considering whether cap-and-trade will play a role in the state’s future climate policies – and, if so, in what form. This Alert summarizes the CARB court decision and describes the legislative activity underway.

About:
Van Ness Feldman represents clients in California on a range of environmental, climate, and energy matters and participates actively in proceedings at the California Air Resource Board.  For more information, please contact Kyle Danish or any member of the firm’s Environmental practice. View Our Knowledge Center

About IDEA Industry News

EDITOR: Leonard Phillips, IDEA Director of Business Development, International District Energy Association (IDEA), a nonprofit association founded in 1909. len.idea@districtenergy.org; +1 508-366-9339.
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