LA Times: California Cap and Trade Might be Unconstitutional

Jerry Brown, photo author Neon Tommy, source Wikimedia
Jerry Brown, photo author Neon Tommy, source Wikimedia

Guest essay by Eric Worrall

LA Times suggests the centrepiece of California’s green policies might be about to collapse in the face of an ongoing legal challenge.

The immediate threat to California’s climate-change fight isn’t Trump, it’s this

With President Trump in the Oval Office, California officials are bracing for the possibility that the new administration will undermine the stateā€™s landmark policies on climate change. But the more immediate threat isnā€™t coming from Washington; it lies in a lawsuit that has been slowly winding its way through state courts.

The 4-year-old legal challenge pursued by the California Chamber of Commerce and a collection of business interests argues that the cap-and-trade program represents an unconstitutional tax. The system, intended to create a financial incentive to reduce greenhouse gas emissions, requires companies to purchase permits to pollute.

State lawyers have the chance to defuse the situation Tuesday in an appeals court hearing in Sacramento. A decision could be released within the next three months, but it likely wonā€™t be the final word ā€” the losing party can still appeal to the California Supreme Court.

All of this activity, state officials argue, falls within the governmentā€™s authority to regulate industry.

Opponents disagree, noting that the state is collecting revenue through a program that wasnā€™t created with a two-thirds vote in both houses of the Legislature, the threshold needed to approve taxes.

ā€œWhat theyā€™re doing is simply outside the law,ā€ said Loren Kaye, president of the California Foundation for Commerce and Education, a think tank affiliated with the Chamber of Commerce.

Read more: http://www.latimes.com/politics/la-pol-ca-california-climate-lawsuit-20170122-story.html

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Chris Norman
January 23, 2017 12:53 am

The Planet is cooling as predicted by many respectable scientist. Its mid summer here in NZ and we have just had snow in various places. These zealots appear to have picked the worst possible moment in history to push their bandwagon.

Simon
Reply to  Chris Norman
January 23, 2017 1:12 am

Chris, NZ is not the planet. When they talk abut global warming they don’t mean the .09% of the planet that is New Zealand. Please don’t make a fool of us Kiwis by using your “alternative facts.” The planet is not cooling according to any data sets. If you think I am wrong please supply data/links.

Reply to  Simon
January 23, 2017 1:20 am

Don’t be idiotic, Simon.
Have you not seen all of the recent news photographs of snow falling where it has not (for at least 80 years).
Snow in the Sahara Desert, and it is not colder than usual? Nobody as blind as those who will not see. Yes, NZ is only a small fraction of the globe, but any indication of unusually cold weather is surely worth consideration. (From another Kiwi!).

AndyG55
Reply to  Simon
January 23, 2017 1:20 am

Certainly there has been no CO2 based warming in the satellite era. Only warming has come from the EL Nino step in 1998. If you think you can provide any proof that there is….. do so.
In RSS, the recent EL Nino transient has decayed to just below the ZERO trend line from 1997 to just before the El Nino.
NO WARMING.
An please, don’t use the El Ninos to prove a trend.. the sort of thing a monkey might do.comment image

hunter
Reply to  Simon
January 23, 2017 1:32 am

Simon, none of us will ever do more than experience weather. Obsessing over “world climate”, and then focusing on 30 years of global stats is a religious exercise, not science. If an area is getting colder, it is colder. Period. And if the historical record has been tampered with to fabricate a counterfeit trend, as it has in the US, Australia, and NZ, and elsewhere, a reasonable person should be angered.

Streetcred
Reply to  Simon
January 23, 2017 1:32 am

Dimwit, Simon … you clearly are a Kiwi. The clever ones immigrated. With apologies to my Kiwi part of the family, you’re all exonerated!

Patrick MJD
Reply to  Simon
January 23, 2017 1:46 am

“Simon January 23, 2017 at 1:12 am
If you think I am wrong please supply data/links.”
WOW! What a challenge. Let’s reverse that, *IF* you are right, post data/links, that are un-adjusted, that sites have not moved since records began, that sites are not surrounded by increased urbanisation, that sites are not at airports and that data is not model generated. Go for it Simon.

Reply to  Simon
January 23, 2017 1:51 am

“The clever ones immigrated.”
I’d expect Simon’s ancestors immigrated. There were some NZer’s who emigrated to Australia. PM Muldoon said that would improve the average IQ of both nations.
It was 37°C here today. That proves global warming.

charles nelson
Reply to  Simon
January 23, 2017 1:51 am

Hey Simon what about the record ice mass gains in Greenland?
Are you ‘denying’ that’s happening?

Patrick MJD
Reply to  Simon
January 23, 2017 2:08 am

“Nick Stokes January 23, 2017 at 1:51 am
Muldoon said that would improve the average IQ of both nations.
It was 37Ā°C here today. That proves global warming.”
37c where Nick? Where is the device located, has it moved since records began, much urbanisation around the device, was the device at an airport, has that changed since records began, what was the wind direction?
BTW, Muldoon was, usually, flat out drunk while “serving”, bit like Winston Peters. I saw good old Winston, literally, fall out of a cab on Courtenay Plc, in Wellington once. Like all politicians, arrogant and full of themselves.

Reply to  Simon
January 23, 2017 2:15 am

It is global warming or it is not, else it is regional warming suffixed with what region or regions are warming. Since this has not occurred in a populist use of the term, global is equivalent to 100% of the globe, and all deviations from that appear to disprove a 100% value. In that case a value less than 100% needs to be provided. Record snows in Morocco. Record snows in Turkey. Record snows in Japan. Record snows in New Zealand. Record snows in Algeria. All these regions need to be excluded from “global”. Unless it also snowed again in Egypt and Israel and I missed it. Then exclude those regions as well.

Geoff Sherrington
Reply to  Simon
January 23, 2017 2:25 am

Patrick MJD January 23, 2017 at 2:08 am
“37C where Nick?”
Although couched in fuzzy official words, the present Melbourne station is Olympic Park that opened public record-keeping on June 1st, 2013.
It replaced the century plus long Melbourne Regional station that now sports a crop of weeds enriched by CO2 fertilization.
Thank you for the opportunity to reply about Racehorse Nick in terms matching his customary precision.
Geoff.

Patrick MJD
Reply to  Simon
January 23, 2017 2:56 am

“Geoff Sherrington January 23, 2017 at 2:25 am”
Racehorse? Nah, just too quick to spout off alarm. Funny, so from 2013? My first experience of Australian weather and an Australian summer was early summer December, 1999. It was usual temperature in the morning, about ~12c, then by mid-day it was ~36c. For me, that was hot, being a PoM, but by 2pm, it was down to ~12c again. My Vulcan gas heater was on that night!
It’s amazing how it is cool in the early morning, hotter in the hottest part of the day, and then cool again at night. What can CO2 NOT do?

Gareth Phillips
Reply to  Simon
January 23, 2017 3:06 am

You took the words right out of my mouth Simon.

Patrick MJD
Reply to  Simon
January 23, 2017 3:15 am

“Gareth Phillips January 23, 2017 at 3:06 am”
I worked for NIWA in Wellington (As a contractor). Simon has no clue, sadly!

ozspeaksup
Reply to  Simon
January 23, 2017 3:35 am

https://www.iceagenow.info/ice-danube-river-13-ft-thick-emergency-situation-6-serbian-municipalities/#comment-369540
and 3ft of snow in some arab desert spot
countless reports of extreme cold snow etc
oddly?
msm is managing to noseeum?

Chris Wright
Reply to  Simon
January 23, 2017 4:45 am

True. The planet is not cooling according to any data sets. It is *rapidly* cooling according to all the data sets, including RSS shown by Andy. True, this is over a period of less than a year, but you didn’t specify any time periods.
Looking at the RSS graph, it’s starting to look like the pause will be back soon. And, before we know it, it may no longer be a teenager!

Richard M
Reply to  Simon
January 23, 2017 5:26 am

About the only place on the planet that has been warming is the Arctic. Yet, all the AGW pushers continue to claim “global” warming. Why is that Simon? What % of the planet is the Arctic?
If one looks at only ENSO neutral years there is no warming over the past 20 years in the satellite record and this includes most of the Arctic. If you remove the Arctic from consideration then the rest of the planet has been cooling for two decades. Since 99.999% of the global population lives where it is cooling, I think it is probably reasonable for people to make that claim.

Reasonable Skeptic
Reply to  Simon
January 23, 2017 5:41 am

Simon, I don’t disagree with your criticism, but you are aware that every unusual weather event is blamed on climate change correct?
I suggest that you do not ever disagree with warmists from linking weather to climate because the social cost of doing so is very high. It won’t even matter if you quote the IPCC to prove this point.
(On a side note my daughter in Grade 5 has a science class and they start with telling the kids that extreme weather is caused by CC, so I totally get why people assume it is real. It is unfortunate that I have to try to explain something like this to a 10 year old.)

MarkW
Reply to  Simon
January 23, 2017 6:27 am

Simon, what is it about your warmista trolls and your inability to handle even simple reading comprehension?
At no point did Chris claim that a cool NZ was proof that the world was warming. It is quite clearly one example.

MarkW
Reply to  Simon
January 23, 2017 6:28 am

Patrick, it’s gotten so bad for them, that the trolls have resorted to cheering each other on.

R Shearer
Reply to  Simon
January 23, 2017 7:05 am

Yes, they mean any particular point, any particular event, no matter how small, as long as it is consistent with their hypothesis. Any contrary data is to be dismissed as Simon has done.

MarkG
Reply to  Simon
January 23, 2017 7:18 am

Yes. As always, the planet is warming everywhere except where people actually live.
BTW, didn’t New Zealand’s actual temperature record have a long-term cooling trend until it was ‘adjusted away’?

Reply to  Simon
January 23, 2017 7:48 am

Simon,
Here are some recent weather events that are not supposed to happen due to “global warming”, oh that’s right warming hasn’t been global at all since 1979. You are already in error.
From this link are these separate entries, https://www.iceagenow.info/
California snowpack near 200 percent of average
Sahara Desert ā€“ Biggest snowfall in living memory
Ice on Danube River 13-ft thick ā€“ Emergency situation in 6 Serbian municipalities
California ski resort breaks snow record for ANY month
First snowfall in more than 90 years in Spanish town
Winnipeg ā€“ Snowiest December in more than 100 years
Heavy snowfall paralyzes Algeria
Snowiest month on record ā€“ already ā€“ in Gunnison, CO
Lot more in the link fella.
Now it is a lot more than your .09%
The IPCC way back in 2001,made it clear it was supposed to have less and less snowfall over time,but it is snowing more and more instead.
You are a one note thinker……

Reply to  Simon
January 23, 2017 8:24 am

While the seas kept rising at their steady ~ 15cm per century when Obama was elected , since Trump took office , the snowflakes have been melting at an unprecedented rate .

Richard
Reply to  Simon
January 23, 2017 11:37 am

Record snow fall in parts of the Sahara. No. Each isn’t the globe. But all the cold oddities put together somehow aren’t noticed by the final, homogenized, statistically “corrected” global temperature sets.
It certainly casts doubt on their methods and results, if one only takes the time to look behind the hype.

John Robertson
Reply to  Simon
January 23, 2017 11:53 am

Thanks Simon.
As a NZ citizen, please speak for yourself.
If you be the same Simon who comments regularly here,I think you need no help on that mission.
But I don’t hold my fellow Kiwi’s responsible for your hysteria.
Can you produce evidence of any “Global Warming” of greater significance that the error bars of our current knowledge?

Auto
Reply to  Simon
January 23, 2017 2:31 pm

Nick Stokes
January 23, 2017 at 1:51 am
It was 37Ā°C here today. That proves global warming.
Nick, thanks. I didn’t think you had a sense of humour; now I know you do.
Auto – still smiling.

george e. smith
Reply to  Simon
January 23, 2017 2:45 pm

So is the global Temperature moving outside the range from -94 deg. C to + 60 deg C ??
I thought that would be enough of a range for anybody to choose a comfortable place to live.
G
PS There are NO data sets that properly sample the Temperature of the whole planet; so we pretty much have to go by local measures, and that depends on where you are living.

Reply to  Simon
January 23, 2017 4:42 pm

” Nick Stokes
January 23, 2017 at 1:51 am
ā€œThe clever ones immigrated.ā€
Iā€™d expect Simonā€™s ancestors immigrated. There were some NZerā€™s who emigrated to Australia. PM Muldoon said that would improve the average IQ of both nations.
It was 37Ā°C here today. That proves global warming.”
37Ā°C is the internal temperature of a healthy human body, if measured anally.
Contrary to this here in southern Germany in the hills north of Nuremberg we have -15 to -20Ā°C for now 3 weeks – a bitter cold winter.

Eamon Butler
Reply to  Simon
January 23, 2017 6:03 pm

Yeah, when they talk about Global warming they actually mean the Arctic. Adjusted models are not the planet either. At least NZ exists in the real world, with real low temps and real snow.

AndyG55
Reply to  Chris Norman
January 23, 2017 1:13 am

They knew about basic 60-70 year cycles, and thought they could ram all their policies through before the cooling trend started to bite.
Thank goodness for the fightback from people like AW, JoNova, TH, Pierre, Paul Homewood, Ross McKitrick, Roy Spencer etc etc…. and a myriad of other climate REALISTS… that have fought back and stalled this totalitarian agenda from being pushed through to an irreversible stage.
With Trump, the planet can still be saved from this rampant marxist bureaucratic scam.
Other countries must follow his lead, and destroy this zombie.

Reply to  AndyG55
January 23, 2017 2:16 am

I doubt they were that informed and cunning.

Hivemind
Reply to  AndyG55
January 23, 2017 2:44 am

I like the word “Skeptic”. It’s Greek for thinker.

Gareth Phillips
Reply to  AndyG55
January 23, 2017 3:13 am

Ever since I started posting and following events on WUWT, posters have regularly posted the “any day now” when the planet will be shown to be cooling and the Arctic will start rapidly expanding. It’s been a fair few years since these claims started, but the world inexorably continues it’s warming and ignores such claims.
By the way, locality weather claims are not really useful, how many times have wild weather events been dismissed as poor evidence of climate change? It’s a bit like the old boy who used to say ‘I can’t see how they have drought in America, it’s done nothing but rain in Scotland all winter”

Richard M
Reply to  AndyG55
January 23, 2017 5:30 am

Gareth, If one looks at only ENSO neutral years there is no warming over the past 20 years in the satellite record. Yes, the pause is very much alive. If you remove the Arctic from consideration then the rest of the planet has been cooling for two decades. Why is it you true believers continue to believe the Arctic is the entire planet?

MarkW
Reply to  AndyG55
January 23, 2017 6:36 am

Gareth, I don’t know if you are clueless, or mearly dishonest.
1) Some posters, not all
2) Those posters who talk about cooling have usually specified that “some day” is when the current El Nino comes to an end.

Ron Clutz
Reply to  AndyG55
January 23, 2017 8:04 am

simon and gareth seem to be in denial about the observed pattern of warming recently and over the last 100 years. In most places, Tmax has been steadily declining while Tmin has been rising more strongly. Thus weather has not been getting hotter, but milder. Fewer extremes, less cold overnight, later autumns, earlier springtimes, the opposite of alarming. A recent study claiming fewer mild days in the future according to climate models is contradicted by facts on the ground. There is no need to try reducing CO2 to alter what is a very beneficial trend.
https://rclutz.wordpress.com/2016/09/16/its-not-hotter-its-milder/

Griff
Reply to  AndyG55
January 23, 2017 8:09 am

Richard M
The arctic is the clearest signal of the warming affecting the whole planet, that’s why it rightly gets a lot of mention.
I don’t see anyone of the skeptic side explaining what’s going on in the arctic, only avoiding talking about it

Gerald Machnee
Reply to  AndyG55
January 23, 2017 9:50 am

Re Griff
***The arctic is the clearest signal of the warming affecting the whole planet, thatā€™s why it rightly gets a lot of mention.
I donā€™t see anyone of the skeptic side explaining whatā€™s going on in the arctic, only avoiding talking about it***
You do not see because you have closed you eyes and mind.
Below is a post on WUWT that shows how they exaggerated the temperatures in the Arctic.
They use a couple of stations, then FILL IN the grid points. That is NOT data and it cannot be compared to the past. Read the whole post.
Show me continuous data for a hundred years that indicates warming. The Arctic was warmer in the 1930’s and 1940’s. Tony Heller has posted newspaper headlines from the 1920’s which noted melting glaciers and temperatures 20 or more degrees above average.
AND I KNOW YOU READ HIS POSTS.
https://wattsupwiththat.com/2017/01/19/noaa-data-demonstrates-that-2016-was-not-the-hottest-year-ever-in-the-usa/

catweazle666
Reply to  AndyG55
January 23, 2017 11:56 am

“I donā€™t see anyone of the skeptic side explaining whatā€™s going on in the arctic, only avoiding talking about it”
LIAR.
Have you apologised to Dr. Crockford for lying about her professional qualifications yet?

hunter
Reply to  AndyG55
January 23, 2017 12:01 pm

Griff, Arctic sea ice dynamics are evidence of Arctic sea ice and not a global anything. You are unable to show any significant changes in any weather events. You only have a circular bit of nonsense about an area infamous for dynamic and extreme changes in sea ice cover. The polar bears don’t care apparently. And open polar water radiates much more energy than does ice covered water. You are not very different in some ways from a true believer mumbling through some rosary.

catweazle666
Reply to  hunter
January 23, 2017 12:49 pm

“You are not very different in some ways from a true believer mumbling through some rosary.”
Unlike the true believer mumbling through some rosary, Grifter is paid for his maunderings.

MarkW
Reply to  AndyG55
January 23, 2017 2:15 pm

Griffy, clearest, or only?
A few years ago when the arctic wasn’t showing this clear signal, you ignored it completely.
PS: Can you explain why the arctic is showing this “clear signal” while the Antarctic is showing just the opposite.
As always, reality is that whatever data support your belief system are presented as proof positive, while all other data is ignored. In a few months, when some other part of the world is showing signs of warming, you will be touting that region as proof positive and the arctic will once again be forgotten.

MarkW
Reply to  AndyG55
January 23, 2017 2:16 pm

PS: Griffy, dozens of us have explained to you why you are wrong. But just as you did last week, you lie about how nobody is responding to you.

george e. smith
Reply to  AndyG55
January 23, 2017 2:51 pm

Griff doesn’t seem to understand that the Arctic is just too cold to lose heat as fast as the tropics are feeding it.
So if the arctic warmed up some more it could cool faster.
The earth’s dry tropical deserts cool 12 times as fast as the coldest polar regions can cool.
G

Get Real
Reply to  Chris Norman
January 23, 2017 2:43 am

The global warming / climate change / carbon tax lobby were hoping to have all their taxes and regulations in place before the cooling phase started so they could claim success. Guess they were outsmarted by nature and persistently honest scientists.

John
Reply to  Get Real
January 23, 2017 2:49 am

+100000000000000000000000
Right on the nose..

Resourceguy
Reply to  Get Real
January 23, 2017 7:18 am

And push back

Reply to  Chris Norman
January 23, 2017 12:19 pm

I bet that it was a warm snow.

Reply to  Chris Norman
January 23, 2017 6:17 pm

Chris: I love that description!!

“These zealots appear to have picked the worst possible moment in history to push their bandwagon.”

Only, I wouldn’t call it a “bandwagon”.
Steamy putrid nose burning noisome odoriferous human waste wagon where even buzzards refuse to perch.

Dodgy Geezer
January 23, 2017 1:39 am

…Thank goodness for the fightback from people like AW, JoNova, TH, Pierre, Paul Homewood, Ross McKitrick, Roy Spencer etc etcā€¦. and a myriad of other climate REALISTSā€¦ that have fought back and stalled this totalitarian agenda…
It would be nice to see John Daly in there – he was fighting it in the 1980s, well before there was any global support for this obscure activity…

MarkW
Reply to  Dodgy Geezer
January 23, 2017 6:37 am

Here, here.

Henry Galt
January 23, 2017 1:44 am

What’s with the “might” in that headline?
Every aspect of this carp impacts the poorest in every town, district and nation on the planet. There ain’t no “might” about it.
When will they think of the children?
#NotMyRhetoricalQuestion

Harry Passfield
Reply to  Eric Worrall
January 23, 2017 2:38 am

Eric:

Court hasnā€™t made a final ruling yet

And thereby hangs the tail…Apparently, this has been going for four years!
You see, lawyers are like farmers. Their suits are to them what a field of grain is to a farmer. They nurture it, nourish it, tend it and harvest it over the seasons. When the harvest (verdict) is in, if they are canny they will get to start again and replant for another season lawyerly nurture. They may even manage to take a year out as a fallow field (suit) – while still getting paid for it. Finally, the farm/suit runs its course and the results are declared. Farmers supporting the ONLY sustainable industry there is; lawyers leeching off the taxes and funds of the little people.
The government should set a time limit on court proceedings. There is no need for them to drag on for so long (ask Steyn).

MarkG
Reply to  Eric Worrall
January 23, 2017 7:18 am

So long as we’re governed by lawyers, they’ll do everything they can to ensure lawyers make more money.

drednicolson
Reply to  Eric Worrall
January 23, 2017 11:17 am

I’d propose a time limit of one year from the day the original suit is filed. If proceedings aren’t finished by then, the case is automatically ruled in favor of the defendant, and the plaintiff is fined for wasting the court’s time. The fine goes towards reimbursing the defendant’s legal fees.

MarkW
Reply to  Eric Worrall
January 23, 2017 2:17 pm

I’ve said for years that the primary purpose of the legal system is to employ lawyers. Anything else is secondary.
Is there any other reason to explain why no lawyer is ever punished for dragging out proceedings and increasing the costs to both litigants?

Barbara
Reply to  Eric Worrall
January 23, 2017 6:30 pm

Ontario and Quebec are mentioned in this LA Times article. Both involved in Cap-and-Trade arrangements/agreements with California but not involved in this lawsuit.

fretslider
January 23, 2017 1:44 am

I can state with some degree of confidence that the Gulf stream is still working to keep the UK warmer than it otherwise would be.
Of course, there are those who will claim that it woz CO2 wot dunnit.

climanrecon
Reply to  fretslider
January 23, 2017 3:52 am

The Gulf stream is not as important as widely believed, UK warmth is mainly due to the fact that the prevailing winds are south-westerly, hence gets warmed by the ocean. The Rockies are more responsible for UK warmth than the Gulf stream, its them thar mountains that make the winds come from the SW.
http://ocp.ldeo.columbia.edu/res/div/ocp/gs/

Roger Graves
Reply to  climanrecon
January 23, 2017 7:22 am

Climanrecon, if the gulf stream did not contain warm water, the prevailing south-westerly winds would cool the UK down, not warm it. The heat source is the ocean, the winds are merely the working fluid that transports the heat.
Western Europe, including the UK, is warmer than the eastern seaboard of North America in the winter because the major Atlantic current flows anti-clockwise. In summer there isn’t much difference because solar warming is the dominant factor.
When the Titanic hit the iceberg in the western Atlantic in April 1912, it was at the same latitude as Barcelona.

Alan McIntire
Reply to  climanrecon
January 23, 2017 7:35 am

California is a lot warmer than the east coast at similar latitudes. We have the Alaska current bringing down cold water from Alaska, not warm water like the Gulf Stream. Maybe it’s due to Hadley circulation and not just the Gulf Stream that the west coasts of continents all around the world are warmer than the east coasts- at least in the temperate zone.

Samuel C Cogar
Reply to  climanrecon
January 23, 2017 7:53 am

Climanrecon, your 1st sentence in your above post is literal proof that you are simply mimicking and/or paraphrasing things you know nothing about and apparently assuming you are citing factual info simply because the source is an employees of Columbia University.
And something else you probably donā€™t know is that the Gulf Stream was first studied by Benjamin Franklin who gave it its name in 1762,

Resourceguy
Reply to  fretslider
January 23, 2017 11:06 am

Till the AMO intervenes with its own cycle to play alongside.

Robuk
January 23, 2017 1:46 am

Italy avalanche 2017
An elderly woman in the nearby town of Penne, where the rescue operation is based, said it was the heaviest snowfall for more than half a century.
“We haven’t seen a winter like this since 1954,” she said.

Ed zuiderwijk
January 23, 2017 2:45 am

Indian villagers knitting woollies for the elephants to keep them warm. We haven’t had a cold winter like this for long time, they explained.

ozspeaksup
Reply to  Ed Zuiderwijk
January 23, 2017 3:45 am

awww,bless em,
reckon canvas woolen lined like horse rugs might be better though?
and hats with earmuffs to stop major heat loss.

Trebla
January 23, 2017 5:51 am

All this discussion about warming/cooling is moot. There is no way to separate the signal from the noise. The Earth has been warming/cooling since forever. How can we possibly tell whether the warming/cooling is due in part or in whole to man’s activities when we can’t separate it from the underlying warming/cooling “noise” caused by nature itself?

AGW is Not Science
Reply to  Trebla
January 24, 2017 12:53 pm

Heh separate WHAT? The “caused by nature itself” essentially accounts for ALL of it, unless proven otherwise. Until they dp prove it, it’s squarely in the “hypothetical BS” category, not “science.”

BBould
January 23, 2017 6:04 am

Trump can only make this better.

Pamela Gray
January 23, 2017 6:18 am

While oceans are evaporating heat (they will have top layer warm anomalies), the land will benefit and be warm. Unfortunately all that evaporation and cloudiness prevents sufficient recharge. So in reality we ARE cooling. So let’s hope we get some clear-sky conditions soon to recharge the oceans and keep us in this present interstadial. A little cold now and then is necessary for continued warmth.

troe
January 23, 2017 6:36 am

The sale of indulgences made more sense than cap and trade. That is unless you were standing with your hands out on the receiving side.

Rob
January 23, 2017 6:37 am

I would say this clause alone makes it unconstitutional, because this cap and trade pack includes two provinces in Canada. Ontario and Quebec. Unless congress has given its consent of congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

glen martin
Reply to  Rob
January 23, 2017 9:59 am

I’m looking forward to the Justice Department bringing a suit against California.

Reply to  Rob
January 23, 2017 10:17 am

ooo.. good call, Rob. Not that California couldn’t do it solely within the state in that scenario. Trump could just have Sessions go after it. No doubt, CA would claim that they are in imminent Danger due to climate change though. šŸ™‚

Resourceguy
January 23, 2017 7:18 am

Tisk, tisk, tisk

Resourceguy
January 23, 2017 7:21 am

The con job is over.

wws
January 23, 2017 7:22 am

I actually hope this case loses in the California courts, making the case to businesses that their only hope of survival is to leave the state.

abesKIA
January 23, 2017 7:32 am

The CA cap’n trade regime has big implications for Canada as well, being that QC and ON both have hitched their carbon taxation plan to the Californian common market.

RBom
January 23, 2017 8:04 am

Gov Moonbeam’s 2016 Carbon Credit Gold Rush looks a lot like “No Name City”. Ha ha ha

Steviek
January 23, 2017 9:23 am

This plan is downright illegal, created by crooks that have zero respect for the law, and only care about lining their greedy, nasty, corrupt pockets. They need to be promptly thrown in jail, [snip – over the top -mod]

Neo
January 23, 2017 10:36 am

Next, California will introduce a “Rumble or Motion” tax basing it on the possibility that rumble or motions could spur on “The Big One”, if they can’t tie it to Climate Change.

January 23, 2017 10:50 am

In reality no deplorable denier ( like myself ) should use a cold weather event anywhere to talk about climate otherwise we are just allowing alarmists to use hot events to do the same .
Anyone who has actually read the topic would understand that CO2 based warming “Hottest eva” claim is compete rubbish as CO2 traps heat ( ie does not stop heat arriving ) so the “Global warming ” they talk about is purely “less cold winters ” . ( How can that be a bad thing ?? )
I suppose the only area where a CO2 footprint should be obvious would be the Antarctic as it has so little water vapour so it should be getting warmer ( it isn’t ) .
Climate change – is a religion not backed up by any scientific facts .

Resourceguy
January 23, 2017 11:04 am

There goes the slush fund.

Yirgach
January 23, 2017 11:20 am

Maybe the end of an error…

Alx
January 23, 2017 11:22 am

Ideology supercedes law in some minds. Actually a lot of minds in California.

george e. smith
Reply to  Alx
January 23, 2017 2:58 pm

There aren’t that many minds in California.
g

mike
January 23, 2017 11:44 am

possible headlines:
“Gov Brown Stains Britches”
“California Screaming”

Douglas
January 23, 2017 12:18 pm

Stokes January 23, 2017 at 1:51 am
You say ā€œThe clever ones immigrated.
Iā€™d expect Simonā€™s ancestors immigrated. There were some NZerā€™s who immigrated to Australia. PM Muldoon said that would improve the average IQ of both nations.”
If you want to quote Muldoon get it right. During the 1980s, then Prime Minister of New Zealand Rob Muldoon was asked about the increasing exodus of New Zealanders leaving the country to work in Australia. His comment was that by doing so, they were raising the average IQ of both countries.
Implying that the smart ones stayed in NZ ā€“ it seems that history has borne that out judging by your comment.

Nick Stokes
Reply to  Douglas
January 23, 2017 1:22 pm

“If you want to quote Muldoon get it right.”
I did. You somehow managed to misquote me. I said:
” There were some NZerā€™s who emigrated to Australia. PM Muldoon said that would improve the average IQ of both nations.”

george e. smith
Reply to  Douglas
January 23, 2017 3:11 pm

Perhaps you should check the real history to be sure you get it correct.
I do NOT remember Mr. Muldoon using the word ” average ” in his statement.
I’ll let somebody else giggle the history books, just in case I misunderremembered it.
I thought he said ……. it would raise the IQ of both countries “.
It is probably in one of the photographs I took of a whole flock of famous NZer sayings that I photographed in a building in Auckland that I was not supposed to be taking photographs in.
The chap who caught me in the act, of photographing all of that stuff, kindly showed me how to lock the front door when I left after taking my photos. Then he took off to go to lunch. Damned if I can remember what street that building is on. Leads down from the U of A to Queen Street. Big glass doors with a whacking great big wheel gizmo inside, and the walls covered in famous sayings by Kiwi folk.
G

Nick Stokes
Reply to  george e. smith
January 23, 2017 9:58 pm

“I do NOT remember Mr. Muldoon using the word ā€ average ā€”
Probably not, but he should have. I’m sure he would have been able to see that after a little more emigration.

markl
January 23, 2017 1:22 pm

California assembled a task force specifically to combat any Trump administration initiatives that run contrary to what they believe before he was inaugurated. Climate Change and illegal immigration/sanctuary cities are at the top of the list. California can make any state environmental laws it wants without worrying about federal intervention but per its’ Constitution it can’t initiate a tax without a vote majority of 2/3…… which seems it won’t be hard for them to achieve given the lopsided nature of their legislature except Californians only approve so called “sin” taxes. Look for them to call it something else….like a fine…. to accomplish what they want. Brown is financing the bullet train mainly from CO2 taxes so expect a battle. Also don’t expect California to change its’ attitude regarding AGW. There’s way too much stupid there to ever allow logic to rule.

Resourceguy
Reply to  markl
January 23, 2017 3:01 pm

Yes and the bullet train is a union-reward mega construction project. It serves many purposes politically even if it does not get anywhere fast.

Steve Lohr
January 23, 2017 3:13 pm

I think there were claims drought came from carbon dioxide, so now what? California can’t get more amusing, can it? Maybe it can: https://www.nytimes.com/2016/05/10/us/california-drought-water-restrictions-permanent.html?_r=1

January 23, 2017 3:28 pm

California officials are bracing for the possibility that the new administration will undermine the stateā€™s landmark policies on climate change.

Why does it seem that California’s “landmark policies” seem to be a cliff they are more than willing to jump off of?

Johann Wundersamer
January 23, 2017 3:30 pm

OK,
* whatever they want:
‘All of this activity, state officials argue, falls within the governmentā€™s authority to regulate industry. *
Opponents disagree, noting that the state is collecting revenue through a program that wasnā€™t created with a two-thirds vote in both houses of the Legislature, the threshold needed to approve taxes.
ā€œWhat theyā€™re doing is simply outside the law,ā€ said Loren Kaye, president of the California Foundation for Commerce and Education, a think tank affiliated with the Chamber of Commerce.’

Mark Johnson
January 23, 2017 4:25 pm

While the legal analysis may be perfectly accurate, keep in mind that the left has been appointing judges to California courts, without limitation, for decades. The vast majority of these judges have drunk the Kool-aide, have no soul and will do nothing to block the will of the Legislature and Governor Moonbeam. It is taking some time, but we can begin to see California slipping off into the abyss. Eventually, California = Zimbabwe.

Lil Fella from OZ
January 23, 2017 4:53 pm

I’m sick of hearing ‘the hottest year ever.’ In nearly 12 months there has been one day over the old century. Now before people say that this is weather not climate. This has been the regular outcome. Yet brainwashed people say they are over the heat. I can remember 40 years ago in Aus. the temperature would stay over the old century mark for ten days and then the cool change would only last a few days and the heat was back on. This doesn’t happen anymore. All we hear it being the hottest year on record. It is simply manipulation. If you grow up in agriculture you become well tuned with the weather because as a farmer it is your livelihood!

Wally
January 24, 2017 1:14 am

The claimed ‘impending doom of CO2 induced global warming’ is so dire that the CA government wants to stop it by allowing companies to continue emitting CO2 IF they hand over gobs of money to the CA government.
$ee how it works.

David_b
February 5, 2017 5:59 pm

*yawn* how boring. Doesn’t matter what CA does, we really don’t have a clue what the climate trend for the “World” is, since we don’t have a global temperature network.
It’s like looking at some 60 year old guy’s nose and saying “he’s going BALD because I looked at a small percentage of his head and it HAS NO HAIR!”