USA – CALIFORNIA Trends and Developments Contributed by: Nora Sheriff and Samir Hafez, Buchalter
“a technologically feasible, cost effective, and equity-focused path” toward the state’s climate target. CARB’s initial Scoping Plan, developed in 2006 pursuant to legislation, put the state on a path - way to reversing carbon emissions by approxi - mately 19% of 1990 levels by 2020; impressive - ly, California met that goal – four years ahead of schedule – in 2016. Likely emboldened by this success, the Legis - lature broadened its emission ambition in 2016, directing CARB to curb the state’s anthropogen - ic emissions to 40% of 1990 levels. CARB rolled out a new Scoping Plan reflecting these goals in 2017. That same year, legislation extended CARB’s authority for the Cap-and-Trade Pro - gram to 2030. In 2022, the Legislature set the state policy limit for GHG emissions statewide to 85% below 1990 levels by 2045, and set a state policy goal of attaining zero net carbon emissions by 2045. The state’s progress on its 2017 and 2022 objec - tives appears to have stalled. News organisa - tions reported in March 2024 that California would fail to meet its 2017 emissions mandate unless the state is able to almost triple its rate of greenhouse gas reduction through 2030. CARB chair Liane Randolph told state legislators in 2024 that there was “little room for error” on the policy rollout, saying, “we need each program to perform as well as or better than identified in the scoping plan in order to achieve our goals” . Despite the 2045 target for net-zero GHG emis - sions, CARB’s statutory authority currently only extends through 2030. There have been many bills on the Cap-and-Trade Program. This legis -
lative trend will continue – and perhaps intensify – in 2025. Though CARB officials express optimism that the state will meet the emissions benchmarks outlined in the Scoping Plan, significant uncer - tainty remains about the future of Cap and Trade, as well as the timing and funding of the Scoping Plan’s ambitious measures. Federal-State Tensions Only Serve to Escalate Challenges The new federal administration’s hostile stance toward California’s climate policies is exacerbat - ing the challenges to the state. Federal rollbacks on environmental regulations, reduced funding for clean-energy initiatives, and potential legal hurdles to California’s authority under the Clean Air Act waiver could undermine the state’s ability to implement key climate programmes. Potential Strings on Rebuilding Aid The Trump administration has signalled inten - tions to overhaul or potentially dismantle the Federal Emergency Management Agency, pro - posing that states assume greater responsibil - ity for disaster recovery. This could significantly impact California’s ability to access federal dis - aster relief funds, especially in the aftermath of the January 2025 wildfires. CARB Clean Fuel Waiver Is at Risk California’s authority to set its own vehicle emis - sions standards, granted under the Clean Air Act through waivers issued by the U.S. Environmen - tal Protection Agency, faces federal challenges. Currently, California’s standards under the waiv - ers require 35% of vehicles in the 2026 model year to be zero-emission, rising to 68% by 2030. In February 2025, the Environmental Protec - tion Agency submitted California’s waivers to
271 CHAMBERS.COM
Powered by FlippingBook