SACRAMENTO — A federal judge has ruled that California's climate pact with Quebec does not interfere with the U.S. government's authority involving foreign affairs.
The federal government filed a lawsuit last year in U.S. District Court for the Eastern District of California against the State of California, Gov. Gavin Newsom, the California Air Resources Board (CARB), CARB chair Mary D. Nichols, the Western Climate Initiative, California Secretary for Environmental Protection Jared Blumenfeld, Chief Policy Advisor for Energy and Environment for the California Senate Kip Lipper and California State Assembly member Richard Bloom of the 50th District.
"While the president indisputably has 'a unique role in communicating with foreign governments,' . . . the United States has failed to demonstrate that the power to do so has been substantially circumscribed or compromised by California’s cap-and-trade program," U.S. District Judge William B. Shubb wrote in his ruling. "As California recognizes, a future treaty would have 'appropriate preemptive effect over inconsistent state laws.'"
California Gov. Gavin Newsom
| Facebook
Shubb wrote that hypothetical or speculative fears do not support a finding that California's program impacts foreign affairs.
"The United States has failed to show that California’s program impermissibly intrudes on the federal government’s foreign affairs power," Shubb wrote. "Because the court must find both that a state law has exceeded a traditional state responsibility and intrudes on the federal government’s foreign affairs power to be preempted . . . the court will grant defendants’ motions for summary judgment on plaintiff’s field preemption claim."
Newsom provided a statement to the Northern California Record via CARB.
"This is a major victory in an unwarranted and vindictive lawsuit against California," Newsom's statement read. "It affirms our right to work with other states, provinces and regions. California has not wavered — and will not waver—in our efforts to fight the existential threat of climate change."
The climate pact with Quebec involves carbon-cutting programs like the Regional Greenhouse Gas Initiative. Previously, Shubb tossed several other arguments from the case, and the Department of Justice also withdrew one of its arguments.