Brief of Amici Curiae Professors of Foreign Relations Law, United States v. California
28 Pages Posted: 22 Apr 2020
Date Written: February 15, 2020
This amicus brief of Professors of Foreign Relations Law was filed with the U.S. District Court for the Eastern District of California in United States v. California, a case challenging the constitutionality of California’s cap-and-trade agreement with Quebec. The brief was written by Professors William S. Dodge and Jean Galbraith, and was joined in addition by Professors Evan J. Criddle, Kristina Daugirdas, Michael J. Glennon, Monica Hakimi, Sharmila L. Murthy, John T. Parry, Kal Raustiala, Robert D. Sloan, David L. Sloss, Peter J. Spiro, and Beth Van Schaack. The brief argues that California’s agreement is neither a treaty prohibited by the Treaty Clause in Article I of the U.S. Constitution nor a compact requiring congressional approval under the Compact Clause in Article I of the U.S. Constitution.
Keywords: climate change, compact clause, treaty clause
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