Legal Challenges To California GHG Regulatory Programs

Legal challenges to California's greenhouse gas ("GHG") regulatory programs continue to work their way through California and federal courts. With the most significant challenge facing possible review by the U.S. Supreme Court, two other challenges pending before the California Court of Appeal, and a fourth prompting CARB to redo part of its rulemaking, the long-term viability of California's latest efforts to curb GHG emissions is uncertain. GHG Emissions Allowances and Offset Credits. Under California's cap-and-trade program, covered operators of stationary sources of GHG emissions must surrender compliance instrumentsemissions allowances or offset creditsfor each ton of GHGs they emit. In Our Children's Earth Foundation v. CARB, No. CGC-12-519554 (S.F. Sup. Ct., March 8, 2013), two environmental groups are seeking a writ of mandate that would stop CARB, at least...