Determining The Fate Of AB 32

Law360, New York (February 17, 2011, 2:33 PM EST) -- Ironic as it may seem, environmental justice (EJ) groups are delaying the implementation of cap-and-trade and other greenhouse gas reduction actions that the California Air Resources Board (CARB) developed to implement the state's Global Warming Solutions Act (AB 32). The lingering question is whether CARB can be forced to look at non-cap-and-trade options and why the EJ groups are increasingly adverse to a traditionally stringent government agency like CARB.

In litigation against CARB, the EJ group petitioners claim that CARB failed to conduct sufficient review of...
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