David and Goliath? That is exactly the way some might view a battle with the federal government. Nonetheless, California is taking on the federal government in dozens of lawsuits based on court filings in 2017. Issues range from the environment to health care and on to immigration. The key claims revolve around the disproportionate harm that will fall to California if federal regulations are enforced.
Clean Air Concerns
Because the EPA refuses to enact national rules defining acceptable air quality standards, California, along with multiple other states, asserts that the EPA is not living up to the rules of the Clean Air Act. That, they assert, has handicapped states like California when it comes to designing and enforcing regulation to improve the state’s air quality.
Questions About Natural Gas
Under the previous administration, the Waste Prevention Rule was enacted to deter the practice of flaring methane gas on any federal lands. The current administration rolled back those rules, citing government overreach that squelched business and economic growth. California is fighting to reestablish the rule.
Greenhouse Gas Measurements
When the White House delayed implementation of a rule requiring the gauging and tracking of greenhouse gases on highways, California filed suit, demanding the rule be enforced immediately.
Birth Control Questions
The current administration’s stance giving employers the opportunity to deny birth control coverage based on moral/religious opposition was met with fierce resistance by California. The argument states that Americans are entitled to birth control benefits based on the provisions of the Affordable Care Act, and that allowing employers to discriminate against women is a First and Fifth Amendment violation. Millions of California women have allegedly been unfairly and illegally targeted, and have been left without the health care they need, according to court documents.
Fighting the Travel Ban
In March of 2017 California joined Washington in a suit challenging the federal administration’s executive order banning immigrants who were from countries with Muslim-majority populations. California’s assertion was that its constitution prohibits discrimination based on national origin or religion. The Supreme Court of the United States has allowed the ban to remain in effect for the duration of the legal challenge, impacting roughly 150 million people. The federal government’s argument centers on developing the ability to detect potential terrorists before they could enter the country.
The DACA Dispute
When it comes to the Deferred Action for Childhood Arrivals, or DACA program, California was the first of several states to challenge what they call the federal government’s violation of the Fifth Amendment by reneging on promises made previously by the Department of Homeland Security. Over 200,000 children have grown up in California without citizenship. Many of them came out of hiding as young adults, believing they would be able to work toward citizenship over time. California is demanding a solution to the Dreamer’s issue.
Legal perils? Do not let your questions go unanswered. At HKM, our experienced legal team understands the law, and will fight on behalf of our clients, even if the battle looks to be lopsided at first. No matter the apparent power of the opponent, we will go to the battle well prepared, with the client’s interest at the forefront of every argument. Contact us in Los Angeles today to consult with our team.