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Environmental

Jan. 14, 2012

Court decisions imperil state’s cap-and-trade program

California's recently adopted cap-and-trade rules meet resistance in federal courts. By Robert F. Lawrence of Marten Law PLLC


By Robert F. Lawrence


On Dec. 29, Judge Thomas N. O'Neill in the U.S. District Court for the Eastern District of California issued two rulings that struck down the state's low carbon fuel program and enjoined its further enforcement. These decisions strongly suggest that California's recently adopted cap-and-trade rules under Assembly Bill 32 would be stayed by the courts if similar challenges are brought. In October 2011, the California Air Resources...

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