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Ladies and Genetlemen,

I offer these comments on behlaf of Pacific Legal Foundation.

The California Air Resources Board ("CARB") does not have the legal
authority to implement greenhouse gas emissions reductions beyond
the levels specified in A.B. 32, which authorizes CARB to regulate
greenhouse gas emissions in California to ensure that, by 2020,
such emissions do not exceed 1990 levels in the state.  AB 32 does
not authorize CARB or any other state agency to further reduce
greenhouse gas emissions by an additional 80% by 2050.  Yet that is
what the 2013 Scoping Plan Amendments portend.  Any effort by CARB
to go beyond emissions reductions required to be achieved by 2020
is ultra vires under A.B. 32, absent any other authorizing
legislation.  Furthermore, any legal authority that CARB may have
had under Executive Order S-3-05 in connection with 2050 emissions
goals has been superceded by A.B. 32, which does not authorize the
achievement of such goals.  When faced with the decision of whether
or not to adopt the golas of Executive Order S-3-05, the California
Legilature chose to adopt the 2020 goal only and rejected the 2050
goal by not specifically authorizing CARB to achieve it.  See
O'Grady v. Superior Court, 139 Cal. App. 4th 1423, 1443 (2006) (a
statute "is presumed to exclude things not mentioned."  SEe also,
Pulaski v. Cal. Occupational Safety and Health Standards Bd., 75
Cal. App. 4th 1315, 1332 (1999) ("Administrative regulations that
altar or amend [a] statute or enlarge its scope are void."

If CARB moves forward to issue or promulgate Scoping Plan
amendments that include the 2050 goals, it will be acting beyond
its legislative authority, and Pacific Legal Foundation plans to
bring legal action to challenge any such effort by CARB.

Sincerely,
Theodore Hadzi-Antich
SEnior Staff Attorney, Pacific Legal Foundation