New Jersey’s Democratic-controlled legislature passed a resolution Dec. 17 that challenges the state’s withdrawal from a carbon dioxide emissions trading program, saying the repeal of rules and regulations backing the initiative went against legislative intent.
Tricia Caliguire, an energy attorney with McCarter & English LLP and former energy and environment adviser to Christie, told Bloomberg BNA in a Dec. 16 phone call that even if the DEP were to readopt the repealed regulations, New Jersey would not automatically become part of RGGI again. She pointed out that New Jersey is actively opposing and pursuing litigation against the federal government’s Clean Power Plan and the current administration has not made any announcement about joining a cap and trade program.
In the short term, the resolution would be "symbolic" and not have much impact, Caliguire told Bloomberg BNA. "It just puts rules on the books that describe how New Jersey would participate in RGGI," she said.
Long term, it is possible that reviving the old rules and having cap-and-trade laws on the books could make it easier for a future administration to joint a cap-and-trade program, she said.
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