Stability For Calif. Cap-And-Trade Program, For Now

Law360, New York (May 8, 2017, 11:44 AM EDT) -- The future of California's cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is within the California Air Resources Board's (CARB) legislative delegation and that its auction sales program is not a tax, provides at least temporary stability to a key portion of the California Global Warming Solutions Act of 2006, better known as Assembly Bill 32 (AB 32).

The lawsuit was brought by the Pacific Legal Foundation, the California Chamber of Commerce, and the National Association of...

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