Lunge Systems: Pathways

CalifQuebecCAT-SJ.pd

auto-generated 31-Jan-2021

Case 2:19-cv-02142-WBS-EFB Document 129 Filed 07/17/20 Page 1 of 30 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 12 UNITED STATES OF AMERICA, No. 2:19-cv-02142 WBS EFB Plaintiff, MEMORANDUM AND ORDER RE: SECOND CROSS-MOTIONS FOR SUMMARY JUDGMENT v. STATE OF CALIFORNIA; GAVIN C. NEWSOM, in his official capacity as Governor of the State of California; CALIFORNIA AIR RESOURCES BOARD; MARY D. NICHOLS, in her official capacity as Chair of the Cali

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article i s treaty chair and a board state and other parties burma through the foreign policy that the state state and the epa compact with another state affairs to the president law when the state

Sources: IHS Markit

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Type: Industry Standards

Priority/ Function Areas: Business & Industrial

Sectors/ Fields of Life: Economy-wide

People/ Roles: Manufacturers Organizations Multi-Nationals Public Companies Private Corporations

Profiles: the legislature this court a group the withdrawal the gcpa the interference the act the purpose each responsibility the agreements we law the parties decl document a power california standards this evidence the provisions the president inc defendants a issue the convention the findings massachusetts ban decl budgets this arguments the regulations the clause s services canada target have affairs this case a party the debates a treaty it aims the governments the doctrine both elements msj order gcpa effect the focus no document massachusetts restrictions crosby facts a state california budgets the scope the program the jurisdiction the authority the circuit it program the organizations i section the inquiry the constitution cap program a conflict a fact the relationship a policies the linkage the accord california attempts massachusetts law it purpose the statute usa document the court the dispute the exercise wb memorandum california program the government this agreement the objective president power a agreement the state it scope the emissions the agreement its purpose this powers this program president authority a intent hi authority a law cir citations the law no state f3d plaintiff court guidance the laws

Goals: provide additional mechanism satisfy compliance obligations support foreign policy develop research efforts provide fence evidence permit reasonable trier adopt program requirements exceed traditional responsibility encourage government states ratify nations framework detail coordinated policy intrude exclusive power dismiss case document encompass doctrines preemption accomplish assigned objectives establish called caps pass protection act consider regulation text belie purported interest use acquired instruments reduce gas emissions discuss capandtrade program establish own saher regulate museums property overturn insurance regulation respect individual sovereignty make substantial process effectuate congressional obligation cite specific examples prevent anthropogenic interference file protesting complaints provide monetary relief give exercise power specify certain class grant defendants motions harmonize capandtrade programs facilitate comparable program threaten negotiate power negotiate new deal regulate gas emissions cap overall emissions receive ministers ambassadors oppose docket nos pass imposing law determine whole content exceed traditional interest address traditional responsibility undermine government ability achieve maximum reductions impose own sanctions express conflicts policy define trading system accept compliance instruments expand capandtrade program set different course diminish engage power cite davidowitz v recognize actions national accept issued instruments asses real purpose hold creating statute file amended complaint develop new arrangement exercise global role address affairs power strike purport laws identify effective strategies dismiss fourth cause state exact policy fulfill compliance obligations permit located suit reject avowed intent satisfy contribution obligation effectuate broad purpose ignore limiting principles grant dismiss motion bear initial burden develop climate policy require code regs pose serious threat regulate art trade authorize compliance instruments describe capandtrade program mitigation rejected strategies see safety code limit temperature increase

Measures: state laws clear conflict trade system traditional responsibilities foreign commerce leadership role foreign sovereigns international directives compact clause first motion unite states international policy traditional state maximum second federal rule exclusive responsibility second case express policy legislative history concrete evidence certain events full purposes compliance instruments federal policies climate change monetary relief set period executive branch limit principles foreign events national exclusivity regional programs coordinate policy regulatory bodies purport interest safety code concern agreements external affairs operational support initial burden multilateral agreements regulatory scheme containment mechanism new statutes global role economic sanctions facilitate linkages defendant motions political hyperbole independent motions regulate emissions global temperature program requirements various parties global climate worldwide understanding ultimate goals comparable grant preindustrial levels large industries agreement agreement executive agreements domestic market respective bodies conflict preemption compliance obligations many thousands state responsibilities relate individuals affair power sufficient basis friendly forum clean diesel second motion mitigation arrangement tangible agreements statutory counterpart federal statute foreign nation first complaint legal effect traditional responsibility preemptive effect national policy summary judgment congressional authority international market marketbased approach technical support exist statutes clear distinction capandtrade program effective strategies local governments evidentiary material environmental defense nonmoving party trade sanctions integrate programs same scheme commerce clause serious threat imminent withdrawal state regulations new agreements greenhouse gas favorable light foreign relations additional reductions last century farreaching effects foreign sovereignties traditional counterpart federal action international sources natural resources executive order negate delegation official publication formal complaints incidental effect statute agreements enact state official capacity global benefits part iiia additional mechanism new arrangement fourth cause multiple fronts possible cost transfer outcomes international arrangement laudable beneficiaries trade program emission reductions comparable program compliance costs national directives right practices yearly caps new deal serious claim federal authority state interest broad purpose international crimes dangerous interference appropriate effect effective discretion serious threats state responsibility foster cooperation human rights relevant treaties cover entities congressional grant canadian provinces climate policy abstract goals challenge regulations carbon market foreign operations economic resources congressional obligation international deal public health temperature increase youngstown sheet federal government overall emissions political tactics ninth circuit state entities federal law material fact same hereby challenge provision ga emissions foreign power more order particular sources primary responsibility traditional power national government half century much leverage coercive power plurilateral agreement clear policy legal challenges avow intent individual sovereignty ancillary benefit own sanctions global change california law amend complaint substantial process similar statements petrochem mfrs typical hyperbole previous admonition propose proposals great potential greenhouse gases consistent standards link jurisdictions appropriate material judicial notice statutory grant whole content foreign affairs maximum reductions participate jurisdictions actual evidence relate programs good deal public ministers mere platitudes compact clauses7 relevant part international program different course temper approach such time research efforts executive action certain trucks joint venture own right brief summaries exclusive power regional programmes liab litig control programs foreign policy iii discussion flexible authority traditional competence federal sphere foreign governments dual sovereignty federal policy challenge agreements national economy armenian genocide indirect effect subnational actors formal notification tulalip tribes formal notice capandtrade programs western climate external system genuine issue mandatory sanctions specific policy reasonable trier national gas express intent foreign countries inconsistent tactics similar way environmental standards andtrade agreement doctrine preemption costeffective manner current form procedural history civil procedure low cost multilateral diplomacy environmental protection art trade external instruments likely individuals express delegation contribution obligation mitigation outcomes international actions traditional interest relevant facts wellbeing resources gingery effect metric tons acceptable policy previous order economic leverage msj order reduction targets state law determine contributions limit scope unique role detrimental effects certain class entire nation insurance regulation third difference real purpose statewide prohibition specific examples nonprofit corporation exist program potential relief entire economy anthropogenic interference genuine dispute scientific research several article collective interests ga concentrations second crossmotions emission obligations national programs second msj similar evidence exact policy average temperature effective exercise distinct possibility supremacy clause preemption claim cal health

Actions: regulate emissions expand linkage use document provide approach accomplish objectives enter judgment cap emissions argue s impair exercise address power include newsom explore use commit parties prohibit 28 maintain army ratify framework combat emissions violate clause address f3d regulate property require regs can mot violate constitution work 24 endanger us mitigation strategies identify strategies impose set order secretary emit sahota ensure compatibility negotiate 1 permit suit grant motion quote crosby link s enact legislation call contributions provide president establish saher federalism myth detail policy add 15 use instruments set course accept instruments enter verdict omit practice absolve state prod litig commit 19 oppose nos address responsibility undermine ability prevent interference maximize benefits find cir entrust power negotiate deal assuage threats deny judgment consider 10 memorialize commitment file oppositions docket 116 address question file complaints provide mechanism replace agreement consider material modify statutes author report conflict 6 quote deutsch authorize use seek agreements enact series follow directives effectuate purpose file motions quote saher concern area grant motions achieve policy share power dismiss cause track ownership prove impediment allege second discuss crosby incentivize countries adopt preemption regulate area hold statute operationalize s set facts suffer exchange echo same exceed responsibility encourage entities permit carb penalize individuals invade it sell artwork delegate section grant claim buy goods affect outcome grant judgment negotiate policy cite hines secure reductions curtail inc create market exercise role improve practices cite examples create statutes set targets see fac require preemption adopt requirements define system increase understanding see msj require action create code design national see zivotofsky recognize preemption broaden scope exercise leverage provide canada regulate trade bring action enact act regulate businesses follow 2901 see f3d protect country contain measures describe program charge carb strike laws develop efforts submit notification address movsesian demonstrate absence address that pass act make treaty limit increase violate requirements encompass preemption see agreement establish caps delegate d recognize national give way implement activities belie interest minimize costs pass law achieve contributions fulfill obligations facilitate program admit d possess that expand program operationalize agreement cite authority extend intrusion reduce gases offer summaries grant s file complaint entrust affairs set procedures quote states satisfy obligations provide signatories create policy acquire outcomes cite cty take effect respect sovereignty reduce emissions achieve reductions need 11 withdraw 2 surrender instruments threaten power consider text cite garamendi include preparatory quote cassirer determine 12 provide notice withdraw d produce something submit report rule tribes protect residents state policy dismiss claim stabilize concentrations promulgate regulations do business reduce gas exceed interest make treaties create obstacle achieve agreement see massachusetts move claims address issue cite v file briefs mitigate change control document facilitate participation act i violate agreement cite cir see mot cite glennon ignore principles permit genocide create 5 cite us provide support file motion include all invoke exercise permit victims draw inferences see us offer evidence act 38501de offer 18 exercise power vest 21 negotiate agreements permit trier encourage countries encourage states receive ambassadors zivotofsky us quote program fence access address 16 pursue efforts accomplish that combat warming intrude power diminish power support law adopt programmes satisfy obligation offer agreements consider statements support policy negotiate 9 negotiate power determine content ask states ascribe power reduce carb asses purpose provide evidence pose threat participate parties develop arrangement affect saher punish crimes address change dismiss document direct agency authorize instruments set limits limit sahota specify class ban entities fence portions link program hold increase file action develop policy complicate dealing overturn regulation present obstacle impose sanctions file page facilitate development achieve stabilization submit crossmotions create document omit 15 mitigate costs ensure benefits charge board identify clear cite 6 assuage change involve challenge encompass regulations support finding see iiia require secretary make process change name sign agreement give power undermine that implement program harmonize programs impact affairs quote sheet confine inquiry include framework discuss program adopt series address 11 bear burden describe intrusion preempt agreements hold 13 confine analysis view evidence support preemption protest law express policy assist states file decl facilitate national ask court deter california manage programs limit amount exceed responsibilities express saher meet requirements jeopardize power see victoria create cause seek judgment effectuate obligation quote f3d see order reject intent mean 18 endanger system provide relief preempt law see code apply agreements omit discussion

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