California Appeals Court Questions Don't Bode Well For Cap-And-Trade

By Amy Quentin, Capital Public Radio.

A state appeals court is considering a challenge to the constitutionality of California’s cap-and-trade system for reducing greenhouse gases. Some legal experts say the questions the court is asking in a recent document could imply a ruling against the state. 

The California Chamber of Commerce and Morning Star Packing Company filed a suit that claimed that the auction portion of the state’s cap-and-trade program is an unconstitutional tax.

The cap-and-trade system forces polluters to reduce their greenhouse gas emissions or pay for carbon emission allowances at auction.