Description: 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
Filing Date Type File Action Taken Summary 10/23/2019 Complaint Download Complaint filed. U.S. Sued to Block Implementation of California-Quebec Cooperation on Greenhouse Gas Emissions. The United States filed a lawsuit in the federal district court for the Eastern District of California seeking to bar California from continuing to implement a 2013 agreement with the provincial government of Quebec, Canada pursuant to which California and Quebec work to harmonize their greenhouse gas reporting and cap-and-trade programs. The U.S. contended that the agreement—along with a separate agreement between California and the Western Climate Initiative and certain supporting provisions of California law—violated the Constitution by intruding on federal powers to negotiate international agreements. The complaint alleged that “[a]llowing individual states in the Union to conduct their own foreign policy to advance their own narrow interests is … anathema to our system of government and, if tolerated, would unlawfully enhance state power at the expense of the United States and undermine the United States’ ability to negotiate competitive international agreements.” The U.S. asserted claims under the Treaty Clause, the Compact Clause, the foreign affairs doctrine, and the foreign Commerce Clause.