Morning Star Packing Co. v. California Air Resources Board

The court denied the National Federation of Independent Business’s motion to intervene in the case on the grounds that its application was too late, that it lacked a direct interest in the case, and that its interests in the litigation were adequately represented by other parties.

California residents, businesses, trade associations, and advocacy groups, sought an order enjoining and requiring California to rescind the “revenue-generating auction provisions” of its greenhouse gas emissions cap-and-trade program and a declaration that the cap-and-trade program’s auction provisions were not authorized by statute or, alternatively, that they constituted illegal taxes under the California Constitution.