January 12, 2012 -- Cara Horowitz, the Andrew Sabin Family Foundation executive director of the Emmett Center on Climate Change and the Environment, commented on California's cap-and-trade regulations, which go into effect this month. Her comments appear in a California Lawyer article.
The key question in any challenge to AB 32 based on Prop. 26 would be whether the 2010 ballot measure applies retroactively to a law that was passed four years earlier, according to Cara Horowitz, executive director of the Emmett Center on Climate Change and the Environment at UCLA School of Law. Typically, California courts rule that it wouldn't. "There's no evidence that voters intended to change that default rule that propositions don't have retroactive reach," she says.
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