Kyle Danish, Van Ness Feldman
April 10, 2017
Summary
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.
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