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Navigating Climate Regulation on Dual Tracks: The Promises and Pitfalls of AB32 and the Clean Air Act

March 14, 2014

Co-sponsored by ALI CLE and with the support of the Emmett Center on Climate Change and the Environment, UCLA School of Law


Regulation of greenhouse gases is moving forward in the United States, with the most prominent efforts underway on at least two separate tracks. California is implementing A.B. 32 and related legislation while the federal government is moving forward with greenhouse gas regulations under the Clean Air Act.

This practitioners’ workshop highlighted recent legal developments in both areas and investigates how this system of dual regulation will unfold. What are the pitfalls, synergies, and uncertainties of climate regulation developing in these two different ways?

The workshop looked at issues such as:

  • the new AB 32 scoping plan;
  • the effect of California’s low carbon fuel standard being upheld;
  • the role of California’s cap-and-trade program, including a litigation update, discussion of the new linkage with Quebec, and the development of the auctions and secondary allowance markets;
  • developments under the federal Prevention of Significant Deterioration and New Source Performance Standards programs;
  • ways that federal requirements for large stationary sources will interact with state law requirements in California; and
  • lessons federal and other state regulators may take from California’s experience.

For a list of faculty, program agenda, and other information, please visit ALI CLE at http://www.ali-cle.org/index.cfm?fuseaction=courses.course&course_code=CV042