US Supreme Court Lets Low Carbon Fuel Standards Stand
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Sadly, the US Supreme Court decided not to take an appeal of the Ninth District's decision that the Low Carbon Fuel Standard does not interfere with the Interstate Commerce Clause this week. Out-of-state energy producers had sued California's Air Resources Board, alleging that the LCFS facially discriminates against interstate commerce and regulates beyond state borders, in violation of Dormant Commerce Clause principles contained in the U.S. Constitution. A federal district judge agreed, but the U.S. Court of Appeals for the Ninth Circuit reversed in an opinion upholding the constitutionality of the LCFS.
The Ninth Circuit's decision is now final, and the facial validity of the LCFS confirmed. The out-of-state energy companies still have the option of pursuing in U.S. district court their back-up contention that the LCFS is unconstitutional as applied to them, though it is uncertain if they will do so.
About the Author:
Jay McKeeman is the Vice President of Government Relations and Communications at CIOMA. If you have any questions about this article please contact the CIOMA office at 916-646-5999.
You can learn more about this subject during the Pacific Oil Conference session: Alternative Fuels, Global Warming Policies, and What you Need to Know, on Thursday, August 28th. www.petroshow.com.
