The New York Times Looks to Manatt on Cap-and-Trade Ruling
“Most of Calif.’s Carbon Law Unaffected by Court Ruling; Trading Date Could Slip”
The New York Times
May 23, 2011 – The New York Times turned to Manatt’s Jon Costantino, a senior advisor for the firm’s Climate Change, Environmental and Clean Energy Policy practice group in Sacramento, to discuss how the California Air Resources Board (ARB) will handle a recent ruling that suspends its cap-and-trade plans.
The ruling by San Francisco Superior Court Judge Ernest Goldsmith suspends ARB from implementing its cap-and-trade plans until it can show that it adequately studied alternatives to creating a carbon market. ARB must cease all rulemaking activities regarding the plan until it can show sufficient research.
Costantino told The New York Times that he thinks the decision will slow the pace of rulemaking unless ARB can get the stay lifted. He said the agency is working with stakeholders to improve the plan.
“Previously, ARB viewed the judge’s ruling as only telling them you cannot finalize cap-and-trade regulations,” Costantino said. “This says stop working on the program, so this is a little more specific.”
Read the article here.