California Judge Blocks Cap & Trade Bill: Reagan’s CEQA States, ‘A Less Destructive Alternative Must Be Analyzed’

Thanks to Ronald Reagan’s legacy and a legal miscalculation by leftist environmentalists, this week a California judge stopped the implementation of California’s Cap and Trade law: better known as Cap and Tax. This is the same type of carbon trading that Al Gore has hawked for years, but failed to get through the most radical Democrat Congress in generations. That’s how bad it was. Of course, that didn’t stop whacked out California from passing a Draconian version of the same job killing scheme.


To add insult to injury, the so called “republican” Governor Schwarzenegger signed the bill into law in 2006. It was opposed by the Chamber of Commerce and most sane taxpayers (admittedly, CA doesn’t have enough of those). The opponents claimed that the law would drive out business to other states and dramatically increase the cost of energy. Energy costs would, of course, be passed on, driving up the cost of everything else-in the midst of the nation’s worst recession.

The voters of California even had an opportunity last year to put the brakes on it at the ballot box with Proposition 23, but the environmental left spent millions fighting the proposition. It wouldn’t even have scrapped the whole law, but only would have suspended the Cap and Tax until state unemployment dropped below 5.5% for four consecutive quarters. The proposition was defeated overwhelmingly. Considering our unemployment rate is well over 12% here, the California voters essentially supported assisted economic-suicide of their own state.

It took two forces working together to finally defeat Cap and Tax: a group of radical Lefties and Ronald Reagan to put the brakes on this law.

A challenge to the law, based on other environmental laws, specifically CEQA, (the California Environmental Quality Act), finally prompted a judge to halt the law’s implementation. CEQA says that legislation that has an impact on the economy or the environment has to be analyzed for less destructive alternatives. Such an analysis was not adequately done according to the judge. CEQA was signed by then Governor Ronald Reagan.  (May he rest in peace.)

Ironically, the group that brought the legal challenge to the law was not the coalition of businesses that would be directly affected. It was a group of racist, enviro-whackos calling themselves, the Center on Race, Poverty and the Environment, abbreviated CRAP. This group claims to defend minorities from the ravages of the environment. The reason that CRAP filed the lawsuit is that they thought the legislation was too business friendly!

The judges ruling is now an opening for the business community to permanently defeat this law. The California Air Resources Board, one of the state’s largest and most unaccountable agencies has to now study and find alternative solutions to reducing green house gases.

Here’s an idea for the Resources Board: how about if California just continue on with its other destructive economic policies? Policies like: spending taxes it doesn’t have, treasury-busting unfunded pensions, high corporate and individual taxes, promoting the trial lawyer paradise and all the other anti-business regulations? Then you’ll be on track for carbon emissions like you’ve had before the industrial revolution-without the need for the complex Cap and Tax.

Big Government