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Lawsuit: Calif. Cap-and-Trade is Unconstitutional

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California's cap-and-trade program is the first of its size and scale in the country. As such, it has attracted attention and lawsuits from environmentalists on one side and business groups on the other. Now, the conservative Pacific Legal Foundation alleges that the program's charge for carbon emissions violates California law because it constitutes a tax -- and taxes in California require approval by a two-thirds majority in both houses of the state Legislature.

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