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GREENHOUSE GAS EMISSIONS REGULATION IN CALIFORNIA THE BIG PICTURE

GREENHOUSE GAS EMISSIONS REGULATION IN CALIFORNIA THE BIG PICTURE. LEGAL ASPECTS of CLIMATE CHANGE. LEGISLATIVE REGULATORY LITIGATION <BUT IT SHOULD ALL START WITH SCIENCE>. Addressing a Global Issue Locally: California In the Lead. The Global Warming Solutions Act (AB 32)

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GREENHOUSE GAS EMISSIONS REGULATION IN CALIFORNIA THE BIG PICTURE

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  1. GREENHOUSE GAS EMISSIONS REGULATION IN CALIFORNIATHE BIG PICTURE

  2. LEGAL ASPECTS of CLIMATE CHANGE • LEGISLATIVE • REGULATORY • LITIGATION <BUT IT SHOULD ALL START WITH SCIENCE>

  3. Addressing a Global Issue Locally: California In the Lead • The Global Warming Solutions Act (AB 32) • Statewide Limitations on GHGs • GHG Performance Standards for New Power Plants (SB 1368) • California Energy Commission (CEC) • Power Plant Siting Authority • California Air Resources Board (CARB)

  4. AB32: Global Warming Solutions Act • Reduce GHG emissions to 1990 levels by 2020 • Applies to Kyoto pollutants • CO2, CH4, N2O, HFC, PFC, Sf6 • Details to be worked out in regulation • Approach likely to involve: • Declining cap • Source - specific requirements for identified large emitters • Mandatory reporting

  5. Power Plant Emissions (SB1368) • Requires CEC and PUC to develop GHG performance standards for long-term procurement of electricity by local utilities. • Could be an interim measure assuming AB32 progress supersedes its standards. See PUC §§ 8341(f) and (g).

  6. CARB EFFORTS TO REGULATE GHG’s Motor Vehicle Standards • CO2, Methane, NOx and HFCs • Fleet Average basis • Starts in model year 2009; 323 CO2-equivalent g/mile AB32 • Overall Implementation of Act • Early Action Measures <Next Workshop on January 22, 2007>

  7. California: Where do we fit in? THE WORLD • KYOTO CONVENTION • ASIA PACIFIC PARTNERSHIP ON CLEAN DEVELOPMENT AND CLIMATE • EUROPEAN UNION GHG EMISSION TRADING SCHEME (EU ETS) THE U.S. • REGIONAL GREENHOUSE GAS INITIATIVE (RGGI) • CHICAGO CLIMATE EXHANGE VOLUNTARY PROGRAM

  8. FEDERAL LEGISLATION: IS PREEPTION COMING? • Feinstein Draft Bill • Bingman Draft Bill • Carper (S2724) • Jeffords (S3698) • McCain/Leiberman (S1151) • Udall/Petri (H.R. 5049) • Waxman (H.R. 5642)

  9. LITIGATION: WILL THE COURTS DECIDE HOW TO APPROACH THESE ISSUES? • Environmental Defense, et al. v. Duke Energy Corporation, et al. • Central Valley Chrysler-Jeep, et al. v. Catherine Witherspoon • California v. GM et al.

  10. The End

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