Calif. Seeks Early Win In DOJ's Cap-And-Trade Lawsuit

Law360 (February 11, 2020, 6:16 PM EST) -- California asked a federal court Monday to grant it a quick win in the Trump administration's suit challenging the constitutionality of California's cap-and-trade agreement with Québec, with the state arguing that the deal doesn't encroach on federal powers.

California argued that the cap-and-trade agreement doesn't violate the Constitution's prohibition on states entering into "any treaty, alliance, or confederation," or its requirement that states get congressional approval for "any agreement or compact with another state, or with a foreign power."

"This limited agreement to coordinate regarding locally adopted and locally applicable regulatory programs does not violate the treaty clause or the compact...

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