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ARTICLE · 14 JUNE 2011

Superior Court's Injunction Preventing California's Cap And Trade Program Has Been Stayed...Right?

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Until recently, Association of Irritated Residents v. California Air Resources Board proceeded along the litigation path as smoothly as any environmental challenge.

United StatesEnvironment
Randolph Visser
Randolph Visser
Whitney Hodges
Whitney Hodges
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Until recently, Association of Irritated Residents v. California Air Resources Board proceeded along the litigation path as smoothly as any environmental challenge might. However, things took an unexpected twist last week that has left unanswered questions and many spectators baffled.

On March 18, 2011, Judge Ernest Goldsmith of the San Francisco County Superior Court suspended implementation of AB 32, California's landmark law to reduce greenhouse gas emissions. In Association of Irritated Residents v. California Air Resources Board, Judge Goldsmith determined that the California Air Resources Board ("ARB") failed to properly consider alternatives to the highly touted, yet controversial, cap and trade program. (Previous article here.)

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