Environmental
Apr. 19, 2017
Why cap-and-trade ruling matters
Beyond the obvious answer — CARB can keep auctioning emissions — the 3rd District's recent decision has several important implications. By Dave Owen
Are greenhouse gas emissions auctions a form of taxation? The answer, according to a divided panel of the California's 3rd District Court of Appeal, is no. That answer has important implications for greenhouse gas regulation in California, and also for the growing body of case law considering the distinctions among taxes, regulatory fees, and other forms of governmental revenue. But the answer may not ...
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