California’s carbon offset program was upheld on Jan. 25, when San Francisco Superior Court Judge Ernest Goldsmith rejected an effort by environmental groups in Citizens Climate Lobby and Our Children’s Earth Foundation v. California Air Resources Board, CGC-12-519554, to invalidate the California Air Resources Board’s offset rule. Two public interest groups had challenged the rule on grounds that it failed to meet the so-called "additionality" requirement, which ensures that offsets will provide "additional" carbon reduction benefits over and above "business as usual." Offsets are a key element of the state’s controversial cap-and-trade climate change regulation.
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