November 14, 2013

PLF will appeal in challenge to cap-and-trade tax

By PLF will appeal in challenge to cap-and-trade tax

Today the trial court ruled against PLF’s clients on its AB 32 claims, holding that AB 32 authorized the auctions and that the auction revenues were not unconstitutional taxes.   Morning Star Packing Company v. CARB, DECISION111413.  We strongly disagree with the ruling and will appeal to the California Court of Appeal, where the appellate court will decide all issues de novo, meaning, from scratch,  Not only are the billions of dollars to be generated at CARB’s auctions unconstitutional taxes, but the revenue-raising auctions themselves were not authorized by the California Legislature.  In a democracy, an administrative agency comprised of unelected bureaucrats can only carry out the will of the people, as set forth by the legislature.  CARB cannot carry out its own will, especially when its own will conflicts with the California Constitution.  On behalf of our clients, PLF will carry this lawsuit forward in the public interest.

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