(California Court of Appeal) - In two consolidated cases involving the California Global Warming Solutions Act of 2006,Health & Saf. Code section 38500 et seq., aimed at reducing greenhouse gas (GHG) emissions to protect the environment, or challenging one fraction of the Act's implementing regulations adopted by the State Air Resources Board that created a 'cap-and-trade' program that includes the auction sale of some--but not all--GHG emissions allowances,the trial court's judgments are affirmed where: 1) the Legislature gave wide discretion to the Board to design a distribution system, and a system including the auction of some allowances did not exceed the scope of legislative delegation; and 2) the auction sales do not equate to a tax.
Source: findlaw.com