The federal district court for the Eastern District of California declined to dismiss the Western Climate Initiative, Inc. (WCI) or its statutorily appointed voting board members from the federal government’s lawsuit challenging the constitutionality of California’s agreement with the governments of Quebec and Ontario related to cap-and-trade programs for reducing greenhouse gas emissions. The court found that the United States adequately alleged that WCI’s actions in implementing the agreement would cause or contribute to the U.S.’s injury. The court further found that the U.S. claims for injunctive relief were properly asserted against the voting board members—the heads of the California Air Resources Board (CARB) and the California Environmental Protection Agency (CalEPA). The court also declined to dismiss the head of CalEPA in his official capacity as secretary of the agency since CalEPA is the parent agency of CARB, which is delegated authority to implement the cap-and-trade program. The court did dismiss two non-voting board members of WCI from the action.

Federal government's lawsuit challenging California's greenhouse gas emissions cap-and-trade agreement with the
provincial government of Quebec, Canada.

United States v. California

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Federal Court Largely Denied Motion to Dismiss Some Defendants from U.S.’s Challenge to California’s Greenhouse Gas Agreement with Canadian Provinces

Filed

United States of America

California

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves the wholesale and retail selling of goods.

Federal Court Largely Denied Motion to Dismiss Some Defendants from U.S.’s Challenge to California’s Greenhouse Gas Agreement with Canadian Provinces

Policy instrument

Greenhouse gas

Economic sector