News

Published on October 27th, 2019 📆 | 8233 Views ⚑

0

Trump administration take another swing at California’s climate policies – Axios


https://www.ispeech.org/text.to.speech

The battle between the Trump administration and California over climate policy further escalated on Wednesday.

Driving the news: The Justice Department, in a new lawsuit, alleges the state's emissions-trading system is an unconstitutional foray into the federal government's foreign affairs role thanks to the state's partnership with the Canadian province of Quebec.

  • Why it matters: Per Axios' Amy Harder, if the lawsuit succeeds, it could limit states’ abilities to collaborate with foreign countries on policies whose impacts don’t follow borders — like climate change.

One big question: Whether the move has any chance of success. Attorney David Bookbinder, a veteran of legal battles over global warming, called it "pure petty harassment" in an email exchange.

  • UCLA law professor Ann Carlson has a post on the school's LegalPlanet blog that argues DOJ's lawsuit is on shaky ground, and her colleague Cara Horowitz notes in a companion piece:

"[M]any good lawyers have been aware of these constitutional bounds from the get-go and have designed California’s program and its relationship with Quebec with these principles well in mind."





But, but, but: Jonathan Adler, a prominent conservative attorney with the Case Western Reserve University School of Law, said via Twitter that DOJ is presenting strong arguments.

  • "Whatever one thinks of DOJ's motivations in California lawsuits, concern for constitutionality of state-level climate agreements has been brewing for quite some time," he said.

The big picture: It's the latest move in the wider battle between the administration and California on climate and environmental policy. Other fronts include:

  • EPA has yanked California's Clean Air Act power to set carbon emissions limits for vehicles, a move already in litigation.
  • DOJ is also probing whether four automakers' voluntary agreement with California on emissions standards violates antitrust law.

Sign up for the Generate newsletter

Follow the biggest news and trends in energy, business and politics



Source link

Tagged with:



Comments are closed.