Articles

Sacramento, CA; April 16, 2013: Attorneys with Pacific Legal Foundation today filed a lawsuit challenging California’s “cap and trade” auction regulation. The regulation creates a quarterly auction program requiring many California employers to bid significant amounts of money for the privilege of continuing to emit carbon dioxid ...

Limited Government — Tax Limitations We filed our petition and complaint in Morning Star Packing Company v. California Air Resources Board.  This is the case where we allege that California’s unique system of creating an auction for emission credits under AB 32 violates the California Constitution because scheme to raise billions of do ...

PLF represents Morning Star Packing Co and others in their constitutional challenge to California’s illegal greenhouse gas allowance auction.  A hearing this week at the California State Senate illustrated how high the stakes in this fight are.  California anticipated collecting $1 billion dollars (cue Dr. Evil) to balance its budget this y ...

Economic Liberty – Right to Earn a Living We had a very sweet victory this week in Bruner v. Zawacki, our Kentucky movers case. We filed this case in August of last year in federal district court in order to toss out as unconstitutional Kentucky’s outrageous restrictions on starting up a new moving company. Essentially … ...

On Friday, August 9, 2013, I’ll be speaking to lawyers from around the nation converging at the annual meeting of the American Bar Association in San Francisco, regarding PLF’s legal challenge to CARB’s Cap and Trade Regulation.  The regulation is the only one of its kind among the 50 states, and the lawsuit has garnered natio ...

During the 3:00-3:30 half hour, I will be joining Cathy Abernathy, who is filling in as host for Ralph Bailey on KERN 1180 in Bakersfield.  If you are not in the area, you can listen in on the web here.  We will be talking about PLF’s environmental practice, including topics like Endangered Species, Prop 65, … ...

Environment & Taxes — A.B. 32 “cap and trade” hearing A hearing was held on Wednesday in Morningstar Packing Co. v. California Air Resources Board, our challenge to California’s “cap and trade” auction of emissions credits for carbon dioxide.  We are arguing that the Board lacks authority to raise billions ...

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 appella ...

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 ...