Articles

Release : PLF lawsuit challenges cap-and-trade auction as unconstitutional

April 16, 2013 | By PACIFIC LEGAL FOUNDATION

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 ...

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President's weekly report — April 19, 2013

April 19, 2013 | By ROB RIVETT

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 ...

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Desperately seeking rent

May 24, 2013 | By TONY FRANCOIS

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 ...

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President's weekly report — June 14, 2013

June 14, 2013 | By ROB RIVETT

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 … ...

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PLF A.B. 32 legal challenge to be highlighted at American Bar Association annual meeting

August 08, 2013 | By PACIFIC LEGAL FOUNDATION

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 ...

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Tune in to hear PLF's Tony Francois on KERN 1180 in Bakersfield this afternoon

August 30, 2013 | By TONY FRANCOIS

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, … ...

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President's weekly report — August 30, 2013

August 30, 2013 | By ROB RIVETT

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 ...

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

November 14, 2013 | By PACIFIC LEGAL FOUNDATION

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 ...

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President’s weekly report — November 15, 2013

November 15, 2013 | By ROB RIVETT

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 ...