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May 1, 2013

PLF takes “cap and trade” to court

PLF sues to stop greenhouse gas auction from suffocating California’s economy

It isn’t just a job-killer, it’s unconstitutional!

That’s why PLF has sued to stop California’s greenhouse gas “cap and trade” auction program — a government cash cow created by bureaucrats with the California Air Resources Board (CARB).

Launched this past November, the quarterly auctions require businesses that emit significant levels of carbon dioxide to bid for “carbon credits” in order to keep operating.

Some of California’s most productive employers are being forced to pay, collectively, billions of dollars into this program, for the “privilege” of not being forced to close their doors, send their workers home, and move out of state.

The total “cap” on carbon dioxide emissions will be squeezed down to 1990 levels by 2020.

PLF’s lawsuit calls the whole scheme a blatant tax-raising contrivance cloaked as “regulation.”

PLF Podcast Now Playing Listen to PLF Senior Staff Attorney Ted Hadzi-Antich explain PLF’s lawsuit and why it’s important for the health of the economy and the rule of law.

Don't have iTunes? Listen to the podcast online.

And because it amounts to a tax, the auction program is unlawful, because it was hatched by an unelected bureaucracy, not by two-thirds majorities in the Legislature as the California Constitution requires for new taxes.

CARB claims it came up with the plan to implement AB 32, the 2006 law mandating cuts in greenhouse emissions. But AB 32 doesn’t authorize an auction program for billions of dollars in new revenues for the state — and, if it did, AB 32 itself would be invalid because it wasn’t passed by two-thirds majorities.

You can help fight the illegal greenhouse “auction” tax!

In challenging the cap and trade auction scheme, PLF is representing a broad coalition of businesses, individuals, and taxpayer rights organizations — all of them committed to pulling the plug on this scheme to grow the government by siphoning cash — and air — out of the economy.

You can be part of this historic effort, with a generous donation that will assist in our cap and trade litigation along with all of our pro-freedom work! Thank you for helping PLF “rescue liberty” from bureaucrats who could “cap” freedom and “trade” away our jobs — and our rights!

Rob Rivett
Pacific Legal Foundation

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