California Auctions First Carbon Credits; Chamber of Commerce Sues

California's climate law reached a milestone on Nov. 14 when the state auctioned its first carbon credits in the 'Cap & Trade' provision of the bill. But that didn't stop the CA Chamber of Commerce from filing suit against this provision of the law.

2 minute read

November 15, 2012, 8:00 AM PST

By Irvin Dawid


Undeterred by the California Chamber of Commerce's lawsuit that called the auction "an unconstitutional tax" on businesses, the California Air Resources Board (ARB) proceeded with the nation's first, state-administered sale of carbon credits. The Chamber believes that ARB can only impose regulatory fees on businesses.

Dale Kasler writes that "(c)ap and trade is supposed to be a business-friendly, market-driven approach to curbing carbon emissions. While the state imposes an overall cap on the total amount of carbon emissions, polluters can comply with the law by cleaning their smokestacks or buying emissions credits at market prices."

"The state expects to raise between $500 million and $1 billion selling carbon emission credits Wednesday (Nov. 14) and at a second auction next February. But a lawsuit looming over the process "could dampen the enthusiasm" for the auction, said Jon Costantino, executive director of the Association of Carbon Market Participants."

Considering that only 10% of the total credits will be auctioned on Nov. 14 and the remainder "given away for free", the lawsuit is presumably aimed to stop the February auction. The CalChamber did not ask for an injunction to stop the current auction.

Pat Brennan of The Orange County Register presents both sides on the economic effects on business of the carbon auction.

The CalChamber maintains "that element of the program would prove costly and "will hurt our struggle to maintain jobs", according to Loren Kaye, president of a commerce and education "think tank" affiliated with the chamber.

"Supporters contend that predictions of harmful economic effects are overblown."

"There continues to be cost estimates that are just wildly inflated," said Timothy O'Connor, director of the California Climate Initiative for the Environmental Defense Fund. "So it is creating this skepticism about whether this is the right approach for California. These estimates, time and time again, are consistently undercounting benefits and overcounting costs."

The nation's first carbon auction program, the east coast's Regional Greenhouse Gas Initiative applies only to electric utilities for nine states. The ARB program is far more comprehensive and will eventually capture 85% of the state's greenhouse gas emissions.

Thanks to Sarah Matsumoto

Wednesday, November 14, 2012 in The Sacramento Bee - Business

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and harrowing close calls are a growing reality.

3 hours ago - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

5 hours ago - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

7 hours ago - The Washington Post