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Tag: California Air Resources Board

May 17, 2017

PLF appeals cap and trade auction ruling to California Supreme Court

Yesterday, on behalf of our clients in Morning Star Packing Company v. California Air Resources Board, we filed our Petition for Review in the California Supreme Court, asking the state high court to review and reverse the court of appeal’s decision that the billions of dollars that companies like Morning Star Packing Co must pay ...

January 20, 2017

PLF will present oral argument next tuesday in California energy tax case

Next Tuesday I will be arguing on behalf of Morning Star Packing Co., the National Tax Limitation Committee, and several other clients in PLF’s challenge to California’s unconstitutional auction of air emissions permits. This case will determine whether California can continue raising billions in illegal taxes by auctioning off permits ...

May 26, 2016

PLF argues for constitutional limits on California fuel rationing program

Imagine your state limited the number of drivers licenses to less than those already issued, in order to reduce greenhouse emissions (which many argue raise global temperatures). And then, it sold the right to your license at auction to the highest bidder. How much would you be willing to bid just to keep your drivers license? Do you ...

December 15, 2014

California gasoline rationing begins January 1

You read that correctly. Today, California motorists have the right to buy as much gasoline as they want, and fuel companies have the right to sell as much as they can supply, at prices agreeable to both. But in the New Year, California will limit sales of gasoline, diesel, and natural gas and propane for business and ...

May 27, 2014

CARB adopts amendments to AB 32's scoping plan

It was only a matter of time. On the heels of the Cap-and Trade Regulation, on May 22, 2014, the California Air Resources Board adopted a regulatory plan that is so severe and so inimical to the interests of the state that it almost defies description.  Officially refered to as the First Update of the AB 32 Scoping Plan, the new ...

April 18, 2014

PLF files amicus brief asking Supreme Court to hear Low Carbon Fuel Standard case

Yesterday Pacific Legal Foundation filed an amicus brief asking the United States Supreme Court to review a Ninth Circuit decision which upholds a California fuel import restriction against a commerce clause challenge brought by several fuel producers and consumer groups.  We are pleased to be joined on the brief by our friends at Cato Institute, ...

November 15, 2013

President's weekly report — November 15, 2013

Equality Under the Law Program — Disparate Impact We have mixed emotions about the settlement in Township of Mt. Holly v. Mt. Holly Gardens.  This is the case where homeowner challengers to a redevelopment plan brought a “disparate impact” claim against the redevelopment, claiming that it had a disproportionate adverse impact on ...

September 27, 2013

Greenhouse gas rules up in the air

Today is a big day for all things greenhouse gas, with the Intergovernmental Panel on Climate Change releasing its Fifth Assessment Report.  Earlier this week, the similarly named (but differently purposed) Nongovernmental International Panel on Climate Change released its latest report, Climate Change Reconsidered II: Physical Science.  These tw ...

May 03, 2012

California most anti-business state

So says a recent survey of business leaders published in Chief Executive Magazine.  I don’t think that this should surprise anyone.  After all, a state with such property-infringing agencies as the California Coastal Commission and the California Air Resources Board is not going to be particularly hospitable to productive activity.  On the ...

February 21, 2011

Old faces reappear

Author:  Damien M. Schiff In the summer of 2009, PLF sued a number of California legislative and executive officials on behalf of several trucking groups in state superior court over the manner of appointment of members of the Scientific Review Board on Toxic Air Contaminants.  That lawsuit resulted in a significant shake up in the ...