Calif. Cap-And-Trade Opponents Eye State Supreme Court

Law360, New York (April 14, 2017, 5:07 PM EDT) -- A legal foundation representing businesses and associations opposing California's cap-and-trade program said Friday it would appeal to the state Supreme Court after a split appellate panel upheld the program earlier this month.

The Pacific Legal Foundation, which represents various plaintiffs including Morning Star Packing Co., Merit Oil Co. and the Construction Industry Air Quality Coalition, issued a statement saying it would continue its challenge to California's cap-and-trade permit auction system. In a 2-1 decision earlier this month, a split appellate panel upheld the program, finding the state's auction revenues from greenhouse gas emission allowances do not equate to a tax....

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