Court ruling may have implications for California cap-and-trade

Given the level of market interest, on Thursday January 12 we will hold a 30-minute executive briefing on the recent federal court decision striking down California’s Low Carbon Fuel Standard (LCFS) as unconstitutional, and this decision’s implications for the California cap-and-trade program.

If you have not already been provided with dial in details for this call, please sign up by clicking here  and we will send them through.  

We are delighted that the following speakers will join us for the discussion:

  • Tim O'Connor: Senior Attorney at the Environmental Defense Fund and author of an amicus brief in the LCFS and Association of Irritated Residents et al v. California Air Resources Board cases.
  • M. Rhead Enion: the Emmett/Frankel Fellow in Environmental Law and Policy at UCLA Law School.

Background on Rocky Mountain Farmers Union v. Goldstene

On 29 September 2011 a federal court issued a preliminary injunction preventing California from enforcing its LCFS on the basis that it violates the Commerce Clause of the U.S. Constitution. This is an important development because it is expected that certain entities may file similar legal challenges against California’s Cap-and-Trade Regulation. For our preliminary impression and a brief overview of the LCFS decision please see our note here.


Slides for today’s call are available here