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Esq.

Jan. 1, 2012

Capping Cap and Trade

Greenhouse gas regulations take effect this month, unless a tax restriction embedded in the California Constitution can stop them.

California puts cap-and-trade regulations into effect this month, making it the first state in the nation to use such a scheme to reduce greenhouse gas emissions. The regulations are a central part of the state's much-debated 2006 Global Warming Solutions Act (AB 32). Already they face a legal threat based on a little-known constitutional amendment passed by voters in 2010.

That amendment - which appeared as Proposition 26 on the ballot - requires a two-thirds supermajority ...

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