The first such agreement, which came into force in 2014, does not constitute a treaty or international pact contrary to the federal government`s exclusive constitutional power, said U.S. District Judge William Shubb of Sacramento. He said the agreement did not extend California`s regulatory powers and found that the state was free to withdraw from the agreement or change its terms at any time. She has advocated for clients on key management issues in the management of administrative projects and related litigation, particularly in the oil and gas sector. Felicia has extensive trial experience, including appeals litigation and the D.C circuit. As part of her regulatory practice, Felicia advises on complex environmental sustainability issues, supports internal investigations and enforcement measures, and… In particular, the Order challenges the Trump administration`s assertions that the cap-and-trade agreement is an “obstacle” to the 1987 Global Climate Protection Act, disrupts the nation`s imminent exit from the Paris Agreement and encirleses the Confederation`s negotiations or foreign policy powers. The Order states, “While the President unquestionably plays a unique role in communicating with foreign governments, the United States has not demonstrated that California`s cap-and-trade program has significantly limited or affected power in this area.”  For example, Congress has the power to declare war, art. I, 8, but states are not totally forbidden to go to war. On the contrary, it is stated in the Constitution that “[n] o state without the approval of Congress . . . .
To wage war, unless they are in fact assaulted, or in such imminent danger that he will admit no delay. U.S. Const. art I, No. 10 See also Michael J. Glennon – Robert D. Sloane, Foreign Affairs Federalism: The Myth of National Exclusivity 87 (2016). Although the cap-and-trade agreement could be considered a tax, it is difficult to understand how it could create the kind of “increased risk of multiple taxation” that cargo ships experienced in the pioneering case of Japan Line v.