Our Children's Earth Foundation v. State Air Resources Board

I.

INTRODUCTION

The State Air Resources Board (the Board) is charged with implementing the California Global Warming Solutions Act of 2006. (Health & Saf. Code, § 38500 et seq.; the 2006 Act.) The Board’s mandate includes adopting rules and regulations to achieve the maximum “technologically feasible and cost-effective” reductions in the emission of greenhouse gas (sometimes GHG) from sources or categories of sources subject to regulation under the terms of the 2006 Act. (§ 38560.)

In this case, appellant challenges the Board’s regulations implementing a market-based compliance mechanism for achieving reductions in GHG emissions, which is referred to by the parties as the “Cap-and-Trade” program. Pursuant to a petition for writ of mandate, appellant alleged that one component of this program which affords offset credits for voluntary reductions in GHG emissions violates the 2006 Act by failing to ensure that these credited reductions are “in addition to” any GHG emission reduction that is otherwise required by law or that would otherwise occur. (§ 38562, subd. (d) (section 38562(d)).) The trial court rejected this claim and denied the petition. Appellant contends on…