CARB Enjoys Victory But Can't Rest Assured

Law360, New York (February 19, 2013, 12:20 PM EST) -- On Jan. 25, 2013, the San Francisco Superior Court, Judge Ernest Goldsmith presiding, denied a challenge to the California Air Resources Board's (CARB) cap-and-trade regulation. Citizens Climate Lobby and Our Children's Earth Foundation v. CARB, Cal. Super. Ct., No. CGC-12-5195544 (Jan. 25, 2013). The lawsuit sought to invalidate the use of a standards-based approach for determining whether projects should be awarded offset credits, which can be used by entities subject to the cap-and-trade program to meet a portion of their obligation.

While the court's decision represents...
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