As the holidays approach, California is siphoning billions of dollars in auction revenue proceeds generated under CARB’s cap-and-trade program governing greenhouse gas emissions for purposes that are unrelated to greenhouse gas emissions. Fast speed rail, disadvantaged communities (identified by zip codes), natural resources “divers ...
The briefing in our lawsuit challenging the auction component of CARB’s cap-and-trade regulation has been completed for many months, but the California Court of Appeal, Third District, has yet to set a date for oral argument. Although the panel was appointed last June, we wont know the identities of the judges until an oral argument … ...
On Friday, May 1, 2015, we filed our final brief in California’s appellate court in connection with our challenge to CARB’s scheme to sell carbon dioxide emissions allowances at auction to the highest bidders. CARB intends to generate billions of dollars of revenue for the state from the auctions and use the funds for a … ...
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 … ...
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 … ...
Water Rights — The Public Trust Doctrine and The Blob In 1958 American audiences first saw Steve McQueen as a teenager trying to save his town from The Blob, the ever-expanding amoeba-like alien monster that threatened to engulf everything in its path. This week, almost fifty-six years later, our own Damien Schiff filed this amicus brief ...
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 ...
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 ...
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 ...