California Chamber of Commerce v. State Air Resources Board

Three petitions were filed in the California Supreme Court seeking review of the California Court of Appeal decision that upheld the state’s cap-and-trade program for greenhouse gas emissions. The lead parties for the petitions were the California Chamber of Commerce, the National Association of Manufacturers, and Morning Star Packing Company. All three petitions asked the Supreme Court to review the question of whether the auction of greenhouse gas emissions constituted a “tax” that would need the approval of two-thirds of the California legislature under Proposition 13. The California Chamber of Commerce also asked the Supreme Court to review whether the California Air Resources Board’s design of the cap-and-trade system was outside the authority granted to it by AB 32, the Global Warming Solutions Act.