News & Analysis as of

Environmental Policies Carbon Emissions California Air Resources Board

Latham & Watkins LLP

Court Dismisses Portions of Lawsuit Against California Climate Disclosure Laws

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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

Troutman Pepper Locke

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

Benesch

State Legislatures Confront California Vehicle Emissions Regulations

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Motor carriers and equipment manufacturers are closely watching federal and California Air Resources Board (CARB) developments in the future of vehicle emissions. The headline has long been that a transition from internal...more

Goldberg Segalla

California Hits Harder on Heavy Truck Emissions

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On April 28, California’s Air Resources Board (CARB) approved new regulations which would phase out the sales of medium and heavy-duty combustion trucks in California by 2036. The goal is to fully transition existing fleets...more

Goldberg Segalla

EPA Gives California Green Light to Hit the Brake on Heavy Truck Emissions

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California has been pushing hard recently to lose its status as the second-largest contributor of the nation’s greenhouse gases (still comfortably behind Texas.) ...more

Hogan Lovells

EPA grants two of three preemption waivers for CARB heavy-duty vehicle and engine regulations

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What is the significance of EPA’s March 30, 2023 Notice of Decision (pre-publication) granting two separate requests for waivers of Clean Air Act (“CAA”) preemption for California Air Resources Board (“CARB”) regulations...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - December 2022 #3

Sen. Joe Manchin’s (D-WV) permitting reform hit the end of the road, failing with a vote of 47-47—however, Senate Democrats and Republicans signaled interest in addressing permitting approval in the new Congress....more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - November 2022 #3

[co-author: Kerry Mackenzie and Leila Fleming] The Federal Acquisition Regulatory Council (FAR Council) released a proposed rule that would establish greenhouse gas emissions reporting requirements that would impact...more

Morgan Lewis

California Air Resources Board Unveils Plan to Achieve Carbon Neutrality by 2045

Morgan Lewis on

The California Air Resources Board’s proposal to reduce statewide greenhouse gas emissions calls for “squeezing the carbon out of every sector” of California’s economy....more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #3

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California and five major automakers finalize deal on vehicle emissions standards - The New York Times – August 17 - The California Air Resources Board (CARB) this Monday finalized “Settlement Agreements” with five of...more

Latham & Watkins LLP

Air District Targets Southern California Logistics Industry

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A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. The South Coast Air Quality Management District (SCAQMD or District)...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Holland & Knight LLP

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

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POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

Davis Wright Tremaine LLP

California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

Allen Matkins

California Environmental Law and Policy Update - May 2014

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Environmental and Policy Focus: U.S. officials cut estimate of recoverable Monterey Shale oil by 96% - Los Angeles Times - May 23: Federal energy authorities have slashed by 96 percent the estimated amount of...more

Latham & Watkins LLP

Court Upholds Auction of Allowances Under California Cap-­and-­Trade Program

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On November 12, 2013, a California trial court decided that the California Air Resources Board (ARB) has the power to auction emission allowances and that such auctions do not constitute an illegal ...more

Allen Matkins

California Environmental Law and Policy Update - November 19, 2013

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Environmental and Policy Focus - California Court Upholds State's Authority to Sell Carbon Allowances at Auction: Reuter's - Nov 14 -- The California Air Resources Board (ARB) can sell carbon emission allowances at...more

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