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Court Issues Order Enjoining CARB From Implementing GHG Cap-andTrade Program (May 23, 2011)

posted May 31, 2011, 6:00 AM by James Hodina
A California judge issued an order enjoining the California Air Resources Board (CARB) from implementing a cap-and-trade program 4 
for greenhouse gas (GHG) emissions until CARB has completed a new alternatives analysis that complies with California’s Environmental Quality Act.  Specifically, the order prohibits CARB from “engaging in any cap and  trade-related project activity that could result in adverse change to the physical environment” until CARB has completed the required analysis.  The order stems from a court ruling earlier this 
year that found that CARB did not properly consider alternatives to cap and trade when it picked the market-based mechanism to achieve its 2020 GHG emissions reductions target.  CARB is appealing the order but is also proceeding to conduct the alternatives analysis as ordered by the court.  [For further information: Air Web – Global Warming Committee page]