In its lawsuit challenging California’s agreements with Quebec regarding linkages between their greenhouse gas cap-and-trade programs, the United States filed a motion seeking summary judgment motion on its claim that the agreements violated the Foreign Affairs Doctrine. The U.S. argued that the agreements and related arrangements conflicted with and were an obstacle to U.S. foreign policy, including the U.S.’s decision not to participate in the Paris Agreement. The U.S. further contended that even if California’s activities did not conflict with U.S. foreign policy, they concerned an area of foreign affairs over which the federal government had exclusive domain. The United States also sought dismissal of its Foreign Commerce Clause claim, which the U.S. said was largely duplicative of the Foreign Affairs Doctrine claim.

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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U.S. Sought Summary Judgment on Foreign Affairs Doctrine Claim in Challenge to California-Quebec Greenhouse Gas Agreement

Filed

United States of America

California

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U.S. Sought Summary Judgment on Foreign Affairs Doctrine Claim in Challenge to California-Quebec Greenhouse Gas Agreement

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance