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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.
Comments(11) |
June 18, 2013
It would be nice if we knew who the parties were, then we could locate the case……
The parties to the case are:
PLAINTIFFS
Rocky Mountain Farmers Union
Redwood County Minnesota Corn and Soybean Growers
Penny Newman Grain Inc
Growth Energy
Renewable Fuels Association
Rex Nederend
Nisei Farmers League
Fresno County Farm Bureau
California Dairy Campaign
Vs.
DEFENDANT
James N. Goldstene, Executive Officer of the California Air Resources Board
Consolidated with
National Petrochemical and Refiners Association
American Trucking Association
Center for North American Energy Security
The Consumer Energy Alliance
Case No. CV-F-10-163-LIO-DLB
Rocky Mountain Farmers is a cooperative association of family farmers in Wyoming, Colorado and New Mexico who grow No. 2 corn in producing ethanol
Redwood County Minnesota Corn and Soybean Growers is a non-for-profit corporation in Redwood County, Minnesota who produce No.2 corn for ethanol
Penny Newman Grain Inc. is a leading merchant in the market for grains and food-by-products in the San Joaquin Valley headquartered in Fresno
Rex Nederend is a farmer and rancher who owns a dairy near Tipton, California and ranches near Wasco and Lemore, California who purchases and uses distillers’ grains at his dairy and he grows No. 2 corn he sells to biorefineries to produce ethanol
Fresno County Farm Bureau is a non-profit membership organization that advocates for farmers in Fresno County
Nisei Farmers League is an organization committed to serving California agriculture with over 1000 members headquartered in Fresno, California composed of both corn growers and dairies that purchase distillers grains
California Dairy Campaign represents the California Dairy Farmers headquartered in Turlock, California.
The case is more than a challenge to AB 32 – California’s Global Warming Solutions Act . – on the basis of alleged violation of the Interstate Commerce Clause. It also argues that the grains that make up biofuels have low carbon intensity. The lawsuit charges that California’s Global Warming Law produces “no local benefits.”
Case can be found online here: https://www.documentcloud.org/documents/281718-fuelstandardsdecision.html
Wow, the judge did an excellent analysis, which federal judges usually-but nto always- do.
I also liked this document cloud webserver where it was hosted. Is that Calwatch’s account or Waynes???
The Order is also probably on RECAP (PACER spelled backwards), which stores all decisions downloaded from the federal PACER system for free.
What the newspaper reports did not tell us is that the court did not just issue a stay or “halt” to California’s Cap and Trade program – it issued an order and found that California’s Green Power Law is in violation of the U.S. Commerce Clause.
So next is 9th Circuit Court of Appeals where this order will certainly be overturned, followed by an appeal to the U.S. Supreme Court.
AB 32 is poor public policy. If implemented, its parasitic web of regulations and energy price increases will further choke our state’s economy by making high business operating costs even higher.
Excellent decision by Judge O’Neill.
It’s a shame that this will eventually be heard in the 9th circus court of appeals in San Francisco. The most liberal court in the nation. I only hope that it can be tied up in court for many years to come.
No, I think there was a stay, a temp injunction pending the outcome of a permanent injunction which the judge said was likely to happen, if I read it right.
What great news!! CARB is in bed with ICLEI, which makes perfect sense regarding their draconian policies and regulations…Thank God for that judge:)
It’s my understanding the decision (and underlying suit) dealt with the Low Carbon Fuel Standard, not the cap and trade provisions (subject of separate suit, btw) of AB32 implementation.
finally i can get some sleep!! with any luck this will keep everyone of those commies scratching their heads during their sleepless nights. Now that Brown and company have shown their true colors we really need to analyze and investigate the next governor of california, or begin the recall procedures. it is obvious who he works for. also very heavily involved is BARBARA BOXER,{she is the majority leader in the US senate commitee on [EPW] enviroment and public works] DIANNE FEINSTEIN,NANCY PELOSI,these women are very dangerous!!!!!they will agree to “ANYTHING”that LISA JACKSON [head of EPA]or california air resource board dictates.do not be fooled, we are in a dictatorship under this current regime! California was suppose to be the guinea pig,test subject for their ultimate takeover of the entire united states. Please,visit [infowars.com]Alex Jones is an excellent alternative news journalist. also for some really great up to date news on the global warming hoax please visit[climatedepot.com]God Bless America!!!!!
Mr. Lusvardi,
Can you tell me with any certainty, whether the entire AB 32 could be totally deemed null and void if the US Supreme Court were to so rule on this case? I would like to know because I’m still trying to finish a lengthy story on waste management in San Diego, and I would like to close the state portion (criticizing Brown, Steinberg, and Perez) with a statement along the lines “that a small band of outsiders may save the state from the three’s totally destructive policies and regulations” Based on your knowledge could you confirm whether the entire Global Warming Solutions Act is dependent on the LCFS?
Richard
rfletch2@san.rr.com