Calif.'s Cap-And-Trade Program And Its Impact

Law360, New York (November 19, 2012, 1:10 PM EST) -- On Nov. 13, 2012, the California Chamber of Commerce sued the California Air Resources Board (CARB) for reserving a share of carbon allowances for itself and auctioning those off to the highest bidder. The chamber says AB 32 does not authorize the CARB to impose any fees other than those needed to cover the administrative costs of the regulatory program. 

The chamber alleges auctioning the allowances is the equivalent of the state imposing a fee, or carbon tax, without statutory authority. Although the authorizing statute, AB 32 (Global Warming Solutions Act of 2006), allows the CARB to use market-based measures, such as...

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