CA Cap and Trade Blocked at 11th Hour
DEC. 29, 2011
By WAYNE LUSVARDI
The U.S. District Court in the Eastern District of California ordered California’s Cap and Trade Law halted on Thursday Dec. 28 according to the Wall Street Journal. The Cap and Trade rules were supposed to go into effect on January 1, 2012.
Judge Lawrence J. O’Neill, a federal judge appointed by George W. Bush, issued the stop order until the case can be heard. The basis of the order was that California’s Cap and Trade Law violates the Commerce Clause of the U.S. Constitution. The Commerce Clause reserves regulation of interstate trade to the Federal government.
The Wall Street Journal reported that Judge O’Neill indicated in his stop order that the challenge to the Cap and Trade rules would likely succeed.
The plaintiffs in the case are reportedly crude oil and ethanol producers who claim that California’ s law discriminates against imports of other fuels into the state.
O’Neill assumed the seat recently vacated by Judge Oliver W. Wanger. Wanger is the judge who originally ordered a halt to water deliveries from the Sacramento Delta to protect a tiny fish – the Delta Smelt. After hearing the case, however, Wanger lambasted the Federal agencies that alleged the Delta Smelt was endangered.
The names of the litigants and when the case may next be heard were unable to be found at Justicia.com for the U.S. Eastern District Court of California.
June 18, 2013