Suppose the California legislature passes a law that severely restricts carbon dioxide emissionsfrom automobiles in that state. A group of automobile manufacturers file suit against the state ofCalifornia to prevent the enforcement of the law. The automakers claim that a federal law already setsfuel economy standards nationwide, and that fuel economy standards are essentially the same ascarbon dioxide emission standards. According to the automobile manufacturers, it is unfair to allowCalifornia to pass more stringent regulations than those set by the federal law. Ask your students toanswer the following questions, using the information presented in the chapter.
1.Who are the parties (the plaintiffs and the defendant) in this lawsuit? The automobile manufacturers arethe plaintiffs, and the state of California is the defendant.
2.Are the plaintiffs seeking a legal remedy or an equitable remedy? Why? The plaintiffs are seeking aninjunction, an equitable remedy, to prevent the state of California from enforcing its statute restrictingcarbon dioxide emissions.
3.What is the primary source of the law that is at issue here? This case involves a law passed by theCalifornia legislature and a federal statute; thus the primary source of law is statutory law.
4.Where would you look to find the relevant California and federal laws? Federal statutes are found in theUnited States Code, and California statutes are published in the California Code. You would look in thesesources to find the relevant state and federal statutes.