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Tag Archives: California Air Resources Board

California’s Supreme Court Denies ARB Petition To Review LCFS Case

By Joshua T. Bledsoe and Kimberly Farbota In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017, the Supreme Court of California issued an order: (1) denying California … Continue Reading

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

By Bob Wyman, JP Brisson, Joshua Bledsoe, Andrew Westgate, and Brittany Dryer On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program.[1] This post briefly summarizes the backdrop against which AB 378 has been … Continue Reading

California Court Rules Against Air Resources Board over LCFS but Preserves 2017 Status Quo

By Joshua T. Bledsoe and Max Friedman In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a recent oral argument before the California Court of Appeal for the … Continue Reading

California Proposes Draft Amendments to California Cap-and-Trade Program

By Jean-Philippe Brisson, Josh Bledsoe, Michael Dreibelbis and Andrew Westgate On July 12, 2016, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes to compliance requirements as well as new program initiatives such as post-2020 … Continue Reading

Low Carbon Fuel Standard Challenged (Again) in California State Court

By Joshua Bledsoe and Max Friedman After a lengthy process of policy review and revision, the California Air Resources Board (ARB) re-adopted the state’s Low Carbon Fuel Standard (LCFS) on September 25, 2015. The LCFS is expected to contribute approximately 20% of the statewide greenhouse gas (GHG) reductions required by 2020 under Assembly Bill 32. … Continue Reading

Legislative Update: California Passes Groundbreaking Legislation Increasing Renewable Energy and Energy Efficiency Mandates, But Petroleum and Greenhouse Gas Reduction Measures Fail

By Marc T. Campopiano, Joshua T. Bledsoe, Douglas Porter, Danny Aleshire, Jennifer Roy and Andrew Yancey The end of the California State Legislature’s regular session for the year culminated in a frenzy of action, with Assembly members scrambling to pass dozens of bills before midnight on September 12, 2015. The California Legislature voted on a package … Continue Reading

California Energy Commission Report Projects Local Electric Reliability Deficits By 2021, Potentially Triggering The Need For New Natural Gas Power Generation

By Michael Carroll, Marc Campopiano and Max Friedman The California Energy Commission (CEC) has released an August 2015 report projecting local reliability shortfalls in the Los Angeles basin planning area as early as 2021. The deficits may require new natural gas power generation to maintain grid reliability. This finding is part of the Integrated Energy … Continue Reading

California’s Strict New Health Risk Assessment Guidelines May Increase Regulatory Burden on Industrial Uses and Development Projects

By Marc Campopiano and Max Friedman On March 6, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) updated its Guidance Manual for Preparation of Health Risk Assessments (HRAs) for the purpose of better characterizing exposure risks to children from air toxics.  Using the new Guidance Manual, HRAs are expected to estimate risks that … Continue Reading

California Low Carbon Fuel Standard Overhaul Continues

By Joshua Bledsoe, Michael Dreibelbis, Michele Leonelli, and Aron Potash I. LCFS Readoption The California Air Resources Board (“ARB”) is on the cusp of readopting the Low Carbon Fuel Standard (“LCFS”) regulation to remedy legal defects in the initial adoption process found by the California Court of Appeal on July 15, 2013.  In conjunction with the … Continue Reading

US Supreme Court Denied Certiorari Regarding the Constitutionality of California’s Low Carbon Fuel Standard

By JP Brisson, Joshua Bledsoe and Michael Dreibelbis Today, the US Supreme Court denied certiorari regarding the constitutionality of California’s Low Carbon Fuel Standard (LCFS) in Rocky Mountain Farmers Union v. Corey.  The Court’s decision effectively affirms the Court of Appeals for the Ninth Circuit’s recent ruling that the LCFS does not facially violate the dormant … Continue Reading

FERC Conditionally Accepts CAISO and PacifiCorp Proposals to Implement a Regional Energy Imbalance Market in Western States

By Michael J. Gergen, Jared W. Johnson, and David E. Pettit On June 19, 2014, the Federal Energy Regulatory Commission (“FERC” or “Commission”) conditionally accepted revisions to the California Independent System Operator Corporation’s (“CAISO”) FERC Electric Tariff to implement the CAISO’s proposed Energy Imbalance Market (“EIM”) that will allow neighboring balancing area authorities (“BAAs”) in … Continue Reading

California Appellate Court Signals Low Carbon Fuel Standard Will Remain in Effect Despite CEQA Violation

By Joshua T. Bledsoe and Aron Potash California’s low carbon fuel standard (LCFS), a core component of the state’s greenhouse gas (GHG) emission reduction strategy, likely will survive a legal challenge and remain in effect despite an appellate court’s order indicating that the regulation was improperly adopted. The California Court of Appeal for the Fifth Appellate … Continue Reading

California Energy Commission Releases Proposed Rules Allowing Biomethane to Qualify for the Renewables Portfolio Standards

By Marc Campopiano and Tim Henderson On March 11, 2013, the California Energy Commission (CEC) released a proposed Seventh Edition of the Renewables Portfolio Standard (RPS) Eligibility Guidebook (proposed Guidebook).  As we discussed in a previous blog entry, on March 28, 2012, the CEC suspended the RPS eligibility of power plants generating electricity using biomethane.  … Continue Reading

California Appellate Court Signals that Adoption of Low Carbon Fuel Standard May Have Violated CEQA

By Michael Dreibelbis, Eli Hopson, and Aron Potash A California appellate court signaled on February 26, 2013, that it might find that California’s low carbon fuel standard (LCFS) was improperly adopted.  The court sent a request for supplemental briefing in POET, LLC et al. v. Goldstene, et al. indicating that the California Air Resources Board … Continue Reading

California Air Resources Board Attempts to Clarify Resource Shuffling Ahead of First Cap-and-Trade Auction

By Joshua T. Bledsoe, Tim B. Henderson, and Jared W. Johnson Seeking to quell uncertainty surrounding the definition of resource shuffling ahead of the first cap-and-trade auction on November 14, 2012, the California Air Resources Board (“CARB”) passed a Resolution on October 18, 2012, requiring the Executive Officer to redefine resource shuffling and provide concrete examples.  … Continue Reading

California Air Resources Board Suspends Cap and Trade Program Electricity Importer Rule

By Joshua T. Bledsoe, Tim B. Henderson, and Jared W. Johnson With the first auction in California’s cap and trade program fast-approaching on November 14, 2012, the California Air Resources Board (“ARB”) recently suspended a much-discussed aspect of the program that requires first deliverers of electricity to attest that they have not engaged in “resource … Continue Reading

Roadblock to California Greenhouse Gas Cap and Trade Program Removed, but Others Remain

By Michael Feeley and Aron Potash A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources … Continue Reading

California Cap And Trade Back on Track, But Compliance Obligations Pushed from 2012 to 2013

By Joshua T. Bledsoe As discussed in our May 24, 2011 entry, California’s proposed greenhouse gas (GHG) cap and trade program suffered a setback on May 20, 2011 when a San Francisco Superior Court issued a writ of mandate enjoining the California Air Resources Board (ARB) from any further cap and trade rulemaking until ARB … Continue Reading

Court enjoins California’s implementation of AB 32 greenhouse gas emissions reduction programs, including cap-and-trade program

By Michael G. Romey, Ryan Waterman, and Aron Potash On March 18, 2011, a San Francisco Superior Court ruling (PDF) put the brakes on California’s implementation of its 2008 Scoping Plan, which established the State’s roadmap to achieve the greenhouse gas (GHG) emissions reduction goal expressed in the Global Warming Solutions Act of 2006 (AB … Continue Reading

CARB adopts renewable electricity standard raising mandate to 33% by 2020

On September 23, 2010, the California Air Resources Board (CARB) unanimously adopted the “Renewable Electricity Standard” (RES) to require most retail sellers of electricity to procure 33 percent of their electricity from eligible renewable resources by 2020. Established in Executive Order S-21-09, the RES is an independent requirement from California’s existing Renewables Portfolio Standard (RPS), … Continue Reading
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