Close Cap-And-Trade Ruling Likely To Fire Up Critics

Law360, San Diego (November 15, 2013, 10:26 PM EST) -- Even as a California judge ruled the state could auction off carbon-emission allowances Thursday, he acknowledged that the dispute over whether the allowances are a lawful fee or an unconstitutional tax presented a “close question,” giving opponents fodder for an appeal in a fight that could jeopardize the state’s landmark cap-and-trade program, lawyers say.

Sacramento County Superior Court Judge Timothy Frawley released a decision Thursday finding that while the charges for the allowances as part of the California Air Resources Board’s efforts to cut greenhouse gas...
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