News & Analysis as of

Constitutional Challenges California Air Resources Board

Latham & Watkins LLP

Court Dismisses Portions of Lawsuit Against California Climate Disclosure Laws

Latham & Watkins LLP on

Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more

Vinson & Elkins LLP

Ongoing Legal Battle Over California’s Climate-Related Disclosure Laws: District Court Dismisses Supremacy Clause and...

Vinson & Elkins LLP on

On February 3, 2025, the U.S. District Court for the Central District of California granted a partial motion to dismiss filed by the California Air Resources Board (“CARB”), dismissing the claims that SB 253 (the Climate...more

Allen Matkins

California Air Resources Board Solicits Input On California Greenhouse Gas Emissions Disclosure Laws

Allen Matkins on

I recently published a post questioning the legality of the California Air Resources Board's Enforcement Notice.  The California legislature charged CARB with the responsibility of implementing SB 253 (Wiener) and SB 261...more

Bass, Berry & Sims PLC

Motion for Summary Judgement Denied: Battle over California Climate Legislation Continues

Bass, Berry & Sims PLC on

Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more

Stoel Rives - Renewable + Law

California Court of Appeals Upholds California’s Cap-and-Trade Program

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

Latham & Watkins LLP

California Court of Appeals Upholds Cap-and-Trade Auctions

Latham & Watkins LLP on

Yesterday, the Court of Appeals for California’s Third Appellate District issued its decision in California Chamber of Commerce, et al., vs. State Air Resources Board, et al., upholding the district court’s decision and...more

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