| CCTA v. CARB Update: |
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| CARB Updates & News | |||
| Thursday, 22 December 2011 16:32 | |||
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Last Thursday (Dec. 15) CDTOA counsel Brooks Ellison argued for a preliminary injunction as a separate action associated with our lawsuit against CARB’s Draconian On-road Truck & Bus regulations. The arguments by CARB through the AGs office and the NRDC who are vigorously spewing the normal deception in support of the regulation appeared to be focused on the F4A's (federal preemption) safety exception and CARB's public health claims which have nothing to do with motoring public safety. If this dog hunts, the Newt is right about courts and judges and how some decisions should probably be explained to Congress and the President. As we know all decisions in this case will be ultimately appealed without exception, and the decision or order by the judge as “yogic” or contorted as is likely to come, will hopefully force the U.S. Supremes to decide if consistency (Ours’ and Rowe’s decisions) are right for America. At the end of the hearing, the Judge indicated that he was taking the case "the decision" all under advisement and would have a formal decision or order later - this week. Taking the case under advisement means that the judge (*Morrison C. England, Jr.) is deliberating or thinking deeply about his decision and shall soon make a formal written order or decision. The oral argument for the original CARB litigation will be on January 26th at 2:00 PM in Sacramento federal court. All opposition documents will be due prior to this date. All documents filed as of 12-15 are now posted on our site and should be reviewed if you are interested in this case. It is important to remember that this lawsuit does not stop any CARB regulations at this point. All of CARB’s burdensome regulations will be enforced without delay, and in fact I just received this email below from CARB to confirm it all! U.S. District Court (Eastern District of CA) Federal Judicial Service: U.S. District Court, Eastern District of California. Nominated by George W. Bush on March 21, 2002, to a seat vacated by Lawrence K. Karlton; Confirmed by the US Senate on August 1, 2002, and received commission on August 2, 2002. Education: University of the Pacific, B.A., 1977, University of the Pacific, McGeorge School of Law, J.D., 1983 Professional: 1983-1988 Partner - Quattrin, Clemons & England, Sacramento, CA
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