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Jan. 24, 2017

Court to hear cap-and-trade arguments

On Tuesday, the 3rd District Court of Appeal will hear oral arguments on whether California Air Resource Board's collection of auction revenue results in either an invalid regulatory fee or an unconstitutional tax. By Phillip H. Babich

Phillip H. Babich

Senior Associate
Reed Smith LLP

101 2nd St Ste 1800
San Francisco , CA 94105-3659

Phone: (415) 659-5654

Email: pbabich@reedsmith.com

U of San Francisco School of Law

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By Phillip H. Babich

On Tuesday, the 3rd District Court of Appeal will hear oral arguments in the consolidated cases of Morning Star Packing v. California Air Resources Board and California Chamber of Commerce v. California Air Resources Board. The plaintiffs sued CARB to end its cap-and-trade auctions of greenhouse gas (GHG) emission allowances, which entities covered by Assembly Bill 32 must have for each ton of carbon dioxide...

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