ELR Citation: 41 ELR 20190
No(s). 09-509562 (Sup. Ct. Cal. May 20, 2011)

A California court ordered the California Air Resources Board to set aside its "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade. The court ruled that the board inadequately described and analyzed project alternatives in violation of the California Environmental Quality Act (CEQA). It also ruled that the board violated the information requirements of CEQA when it began implementing the scoping plan without first responding to comments, completing the environmental review process, and approving the project. The board, therefore, is enjoined from engaging in any cap-and-trade related project activity that could result in an adverse change to the physical environment until it complies with its obligations under its certified regulatory program and CEQA, including any further rulemaking and implementation of cap and trade.