Editorial: Two California laws that have to go

Published 7:00 am Thursday, February 22, 2024

The state of California is picking up where the federal Securities Exchange Commission left off — sniffing the tailpipes of every farmer and rancher in a bid to control them and their emissions.

Gov. Gavin Newsom and state legislators have passed a pair of laws that would require farmers and ranchers — and everyone else in the state — to track their greenhouse gas emissions.

The purpose: to embarrass them.

For those who have been following the SEC’s bid to pursue a similar strategy in some government officials’ war on agriculture, this is, as Yogi Berra once said, deja vu all over again.

The American Farm Bureau, Chamber of Commerce of the United States, Western Growers Association and other business groups have joined forces in seeking an injunction against the California Air Resources Board and two laws that “compel thousands of businesses to make costly, burdensome, and politically fraught statements about their operations, not just in California, but around the world.”

In essence, the Constitution states that Americans have the right to say anything that want — short of libel. However, it also implies that nothing can make someone say anything against their will.

The plaintiffs also argue that, once again, the nitpickers that inhabit California’s Capitol cannot regulate farmers and companies that operate outside the state’s borders. Allowing that would ultimately lead to a patchwork of state regulations that violates the Constitution, which says only the federal government can regulate commerce.

Legislators justified their abridgment of the Constitution by arguing that the laws would “create accountability” for those who aren’t “doing their part” to slow climate change.

“The state’s plan for compelling speech to combat climate change is unconstitutional —twice over,” the plaintiffs say in their lawsuit.

On every point, the plaintiffs are 100% correct.

Climate warriors cannot be allowed to violate the constitutional rights of farmers, ranchers and others. The SEC, which regulates publicly traded companies, tried to include farmers and ranchers in a new regulation that requires businesses to track supply chain emissions. The regulation is still in the governmental gestation period, but the commission’s chairman has promised to drop farmers from the requirement. He should drop everyone else from it as well.

Once the regulation lands in court it no doubt will be shown to be unconstitutional for forcing speech.

Emitting carbon dioxide is not illegal. It is natural. Every living and breathing creature, including politicians, emit this naturally occurring gas. At the same time, every plant depends on carbon dioxide to live.

For the Californiacs in Sacramento to force farmers and businesses to paint themselves as polluters is unfair and unconstitutional.

The Farm Bureau, Western Growers and their fellow plaintiffs are correct. The judge will have no choice but to toss out both laws.

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