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Expert Analysis

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

By Robert Hines and Ashley Breakfield, Farella Braun & Martel LLP (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)....

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