CALIFORNIA CHAMBER OF COMMERCE v. STATE AIR RESOURCES BD.

Nos. C075930, C075954.

10 Cal.App.5th 604 (2017)

CALIFORNIA CHAMBER OF COMMERCE et al., Plaintiffs and Appellants, v. STATE AIR RESOURCES BOARD et al., Defendants and Respondents; NATIONAL ASSOCIATION OF MANUFACTURERS, Intervener and Appellant; ENVIRONMENTAL DEFENSE FUND et al., Interveners and Respondents. MORNING STAR PACKING COMPANY et al., Plaintiffs and Appellants, v. STATE AIR RESOURCES BOARD et al., Defendants and Respondents; ENVIRONMENTAL DEFENSE FUND et al., Interveners and Respondents.

Court of Appeals of California, Third District.

April 6, 2017.


Attorney(s) appearing for the Case

Nielsen Merksamer Parrinello Gross & Leoni, James R. Parrinello , Steven A. Merksamer , Kurt R. Oneto , Christopher E. Skinnell and Eric J. Miethke for Plaintiffs and Appellants California Chamber of Commerce and Larry Dicke.

Sidley Austin, Sean A. Commons , Roger R. Martella, Jr. , Paul J. Zidlicky and Eric D. McArthur for Intervener and Appellant The National Association of Manufacturers.

Pacific Legal Foundation, James S. Burling , Theodore Hadzi-Antich , Harold E. Johnson and Anthony L. François for Plaintiffs and Appellants Morning Star Packing Company, Dalton Trucking, Inc., California Construction Trucking Association, Merit Oil Company, Ron Cinquini Farming, Construction Industry Air Quality Coalition, Robinson Enterprises, Inc., Loggers Association of Northern California, Inc., Norman R. "Skip" Brown, Joanne Browne, Robert McClernon and the National Tax Limitation Committee.

National Federation of Independent Business Small Business Legal Center, Luke A. Walke ; Benbrook Law Group, Bradley A. Benbrook and Stephen M. Duvernay for National Federation of Independent Business Small Business Legal Center, Owner-Operated Independent Drivers Association, Inc., and Associated California Loggers as Amici Curiae on behalf of Plaintiffs and Appellants.

Pillsbury Winthrop Shaw Pittman, Kevin M. Fong , Jeffrey M. Vesely and Richards E. Nielsen for California Taxpayers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Alston & Bird, Maureen F. Gorsen and Damien M. Schiff for California Manufacturers and Technology Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris and Xavier Becerra , Attorneys General, Robert W. Byrne , Assistant Attorney General, Gavin G. McCabe , Molly K. Mosley , David A. Zonana , Robert E. Asperger , M. Elaine Meckenstock and Bryant B. Cannon , Deputy Attorneys General, for Defendants and Respondents California Air Resources Board, Mary Nichols, in her official capacity as Chair of the California Air Resources Board, John Balmes, M.D., Sandra Berg, John Gioia, Hector De La Torre, John Eisenhut, Judy Mitchell, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, M.D., and Daniel Sperling, in their official capacities as members of the California Air Resources Board, and Richard W. Corey, in his official Capacity as Executive Officer of the California Air Resources Board.

Shute, Mihaly & Weinberger, Matthew D. Zinn and Catherine Malina for Interveners and Respondents Environmental Defense Fund and Natural Resources Defense Council.

Environmental Defense Fund, Erica Morehouse Martin , Timothy J. O'Connor ; Donahue & Goldberg and Sean H. Donahue for Intervener and Respondent Environmental Defense Fund.

Natural Resources Defense Council, David Pettit and Alexander L. Jackson for Intervener and Respondent Natural Resources Defense Council.

UC Berkeley School of Law and Eric Biber for Dr. Dallas Burtraw and 16 other economics and public policy scholars as Amici Curiae on behalf of Respondents.

Frank G. Wells Environmental Law Clinic, UCLA School of Law and Cara A. Horowitz for The Nature Conservancy as Amicus Curiae on behalf of Respondents.

Beveridge & Diamond and Nicholas W. van Aelstyn for International Emissions Trading Association as Amicus Curiae on behalf of Respondents.


OPINION

These two consolidated cases involve the California Global Warming Solutions Act of 2006 (the Act) (Health & Saf. Code, § 38500 et seq.; see Stats. 2006, ch. 488; § 1, p. 3419, enacting Assem. Bill No. 32 (2005-2006 Reg. Sess.), popularly known as "AB 32").1 The Act...

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