Calif. Carbon Emissions Cap Suits Survive

Law360, New York (June 17, 2010, 5:18 PM EDT) -- A federal judge has declined to dismiss a pair of lawsuits filed by a group of trade associations and energy lobbyists challenging carbon emissions limits recently passed in California.

Judge Lawrence J. O’Neill of the U.S. District Court for the Eastern District of California ruled Wednesday that the Clean Air Act didn't explicitly authorize California to pass its Low Carbon Fuel Standard, meaning that the plaintiffs had adequately pled their case that the federal act preempted the state limits.

Judge O'Neill also said that the plaintiffs...
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