Calif. Cap And Trade Still Under Fire

Law360, New York (December 9, 2013, 3:18 PM EST) -- The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap-and-trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v. ARB.

The petitioners in these cases challenged the cap-and-trade auctions on two fronts. First, petitioners argued that ARB's regulation providing for the auction of cap-and-trade allowances exceeds the scope of authority granted to ARB in the California Global Warming Solutions Act of 2006, or AB 32. Second, petitioners claimed that the sale of allowances...
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