CFTC to Discuss Cap and Trade Regulation

Carbon Emission Trading Likely to See Future Regulation

The Waxman-Markey cap and trade bill which was passed in Congress earlier this year (currently waiting for Senate approval) has had a number of interested parties discussing what cap and trade regulation in the U.S. will look like and how the various government agencies will regulate the new system.  The CFTC is jockeying for position to be the agency to regulate the carbon emission markets and the CFTC Advisory Comittee is meeting to discuss the manner in which the agency may regulate the markets.   We will report any news on this event and will continue to report how the cap and trade legislation will fit into the alternative investment industry and how it may affect hedge funds.

The CFTC press release is reprinted in full below and can be found here.


Release: 5716-09
For Release: September 14, 2009

CFTC Advisory Committee to Discuss Energy and Environmental Markets

Committee to provide views on emissions trading markets and relevant energy issues.

Washington, DC – The Commodity Futures Trading Commission (CFTC or Commission) will convene the second meeting of its expanded Energy and Environmental Markets Advisory Committee (EEMAC) at 8:00 a.m. EDT, on Wednesday, September 16, 2009, at the CFTC’s New York Regional Office, 140 Broadway, 19th Floor, New York, NY 10005.

The Committee will focus on recent CFTC hearings on position limits and hedge exemptions, regulatory reform and legislative proposals, and carbon and other emissions trading markets.

Bart Chilton, the Committee’s Chair, stated that “As Congress once again takes up the important topic of cap and trade legislation, the issue of regulatory oversight in these markets becomes even more critical. The CFTC has a longstanding history of federal regulation of derivatives trading—from monitoring exchange activity to ensuring financial responsibility to carrying out disciplinary and enforcement actions, and it’s very important to have the federal oversight of the entire market as seamless as possible. These markets will be so big, and their impact so large, that the oversight needs to be done right—from the outset.”

The CFTC’s Division of Market Oversight will present an update on energy and environmental markets, the Office of Legislative Affairs will present an update on current legislation and several Committee members will present their views on specific issues. The Commission has invited staff from other federal agencies to attend as observers.

The meeting is open to the public. The meeting will be webcast via the internet and audio of the hearing will be available via a listen-only conference call. Individuals may also view the hearing via teleconference at the Commission’s headquarters in Washington, D.C., Three Lafayette Centre, 1155 21st Street, N.W.; and the Commission’s Chicago Regional Office, 525 West Monroe Street, Suite 1100.

What: Energy and Environmental Markets Advisory Committee Meeting

Location: CFTC New York Regional Office, Hearing Room, 140 Broadway, 19th Floor, New York, NY 10005

Date: September 16, 2009

Time: 8:00 a.m. – 11:00 a.m. EDT

Viewing/Listening Information:

The CFTC has made available the following options to access the hearing:

1. Watch a live broadcast of the meeting via Webcast on

2. Call in to a toll-free telephone line to connect to a live audio feed.

Call-in participants should be prepared to provide their first name, last name, and affiliation. Conference call information is listed below:

Domestic Toll Free: (888) 691-4252
International Toll: (404) 537-3379
The conference ID: 20577008
Call leader name: Bart Chilton
Last Updated: September 14, 2009


Bart Mallon, Esq. runs hedge fund law blog and has written most all of the articles which appear on this website.  Mr. Mallon’s legal practice is devoted to helping emerging and start up hedge fund managers successfully launch a hedge fund.  Mr. Mallon is also helps managers to register with the regulatory bodies including the SEC and CFTC.  If you are a hedge fund manager who is looking to start a hedge fund or if you need to register with the SEC or CFTC, please call Mr. Mallon directly at 415-296-8510.

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