Meg Whitman, Prop 23, and AB 32

Meg Whitman takes the position that Prop 23 is wrong, but she says that she’ll suspend California’s keystone climate legislation,AB 32, for a year if she’s elected.  The Berkeley White Paper on Prop 23 takes a different view than she does of the economic impact of Prop 23. Her proposal, which takes advantage of an escape hatch provision within AB 32 itself, is narrower and more closely related to the current economic situation than the much more sweeping approach taken in Prop 23.     As a political matter, her stance on  Prop 23 is clear evidence that whatever may be true nationally, California voters are concerned about climate change and not willing to rule out cap-and-trade schemes. If Prop 23 is defeated by a substantial margin, that could be a sign that her more limited suspension may also lack public support.

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About Dan

Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…

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