Renewable Energy - Legal Developments

CARB Releases Supplement to AB 32 Scoping Plan Functional Equivalent Document

June 15, 2011, by Meyers Nave

On June 13, 2011, in response to a court order blocking implementation of the Cap-and-Trade Program proposed by the California Air Resources Board (“CARB”), CARB released the “Supplement to the AB 32 Scoping Plan Functional Equivalent Document” (“Supplement”).  This Supplement provides an expanded analysis of the five project alternatives geared towards meeting the goals of AB 32 and the 2008 Scoping Plan.  The Supplement was prepared by CARB in response to a San Francisco court’s finding that the analysis of the impacts of the alternatives in the 2008 Scoping Plan were not sufficient under the California Environmental Quality Act (“CEQA”) (see Association of Irritated Residents, et al. v. California Air Resources Board, et al., San Francisco Superior Court, Case Number CPF-09-509562, May 20, 2011).  However, in the meantime, the court’s order blocking implementation has been temporarily stayed pursuant to an order by the First Appellate District, Division 3 while it reviews CARB’s appeal.

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