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Our Children’s Earth Foundation v. California Air Resources Board, A138830

In this case, petitioner challenges the California Air Resources Board's (the Board) regulations implementing a market-based compliance mechanism for achieving reductions in greenhouse gas emissions, referred to by the parties as the "Cap-and-Trade" program. Pursuant to a petition for writ of mandate, petitioner alleges that one component of this program which affords offset credits for voluntary reductions in greenhouse gas emissions violates the California Global Warming Solutions Act (CGWA) by failing to ensure that these credited reductions are "in addition to" any greenhouse gas emission reduction that is otherwise required by law or that would otherwise occur. The trial court denied the petition. The judgment of the trial court is affirmed, where: 1) the evidence in the administrative record substantially supports the many policy decisions that the Board had to make in order to formulate protocols which complied with the requirements of the CGWA by implementing and enforcing the Board's interpretation of the additionally requirement; and 2) petitioner has failed to demonstrate that any action the Board took was arbitrary or capricious.

Appellate Information

  • Decided 02/24/2015
  • Published 02/24/2015

Judges

  • Ruvolo

Court

  • California Court of Appeal

Counsel

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