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Contact: Theodore Hadzi-Antich
Senior Staff Attorney
Pacific Legal Foundation
(916) 419-7111


San Francisco Chronicle carries PLF's case against cap and trade

SACRAMENTO, CA; August 30, 2013: This week saw a major court hearing in Pacific Legal Foundation’s challenge to California’s “cap and trade” auction regulation as an unconstitutional tax. Also, an overview of the case, in the form of a PLF op-ed, ran in the San Francisco Chronicle.

The regulation creates a quarterly auction requiring many employers to bid for the privilege of continuing to emit carbon dioxide — or be faced with closing, laying off workers, or leaving the state.

In Wednesday’s hearing in front of Sacramento Superior Court Judge Timothy M. Frawley, PLF Senior Staff Attorney Ted Hadzi-Antich stressed that the auction is a massive revenue-raising scheme, yet it it was not enacted by two-thirds majorities in the Legislature, as the California Constitution requires for new taxes. Judge Frawley has 90 days from the hearing to rule.

Ted Hadzi-Antich
Senior Staff Attorney

In the San Francisco Chronicle, Hadzi-Antich labeled the auction scheme a “sucker punch” leveled against taxpayers by the California Air Resources Board. “If you've been pummeled by California's confiscatory taxes before,” he writes, “this would be a good time to duck.” Read his op-ed here.

The case is Morning Star Packing Company, et. al. v. California Air Resources Board. More information, including the complaint, a fact sheet, videos, and podcasts, may be found at PLF’s website:

About Pacific Legal Foundation
Donor-supported Pacific Legal Foundation is a watchdog organization that litigates for limited government, property rights, individual rights, free enterprise, and a balanced approach to environmental regulations in courts nationwide. PLF represents all clients free of charge.

This year marks PLF’s 40th anniversary. PLF recently won its seventh straight direct-representation victory at the U.S. Supreme Court in the precedent setting property rights case of Koontz v. St. Johns River Water Management District.

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