Commerce Clause
Breaking News: Ninth Circuit Upholds California’s Low Carbon Fuel Standard
Does California’s life cycle analysis of the carbon intensity of transportation fuel facially discriminates against out-of-state ethanol?
In a sweeping victory for the California Air Resources Board, the Ninth Circuit today issued an opinion in Rocky Mountain Farmers Union v. Corey upholding the state’s Low Carbon Fuel Standard (LCFS) and reversing a lower court ruling that the LCFS facially discriminated against interstate commerce in violation of the U.S. Constitution. The court also vacated the …
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CONTINUE READINGCourt Doesn’t Cast Much Doubt on the Constitutionality of Michigan’s Renewable Portfolio Standard
Thanks to Ann Carlson for pointing out the significant decision recently issued by 7th Circuit Court of Appeals related to allocating the cost for new electric transmission lines and for so concisely describing its complicated fact pattern. But I have to respectfully disagree with Ann’s suggestion that this decision has cast any meaningful doubt on …
CONTINUE READINGCourt Casts Doubt on Constitutionality of Michigan’s Renewable Portfolio Standard, Upholds Cost Sharing for Transmission Lines
In an important victory for the Federal Energy Regulatory Commission (FERC) — and in my view for renewable energy more generally — the U.S. Court of Appeals for the 7th Circuit has upheld a FERC order that helps finance transmission lines to carry renewable energy from rural areas to urban centers in the midwest and …
CONTINUE READINGNew Developments for Cap-and-Trade in California
There’s big news for California’s cap-and-trade program to control the state’s greenhouse gas emissions on two fronts this week. Cara alluded to the first in her post this week about California Democrats gaining a supermajority in both houses of the legislature after Tuesday’s election. The legislative development is important because the state legislature can probably …
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CONTINUE READINGOne Reason the Election Matters for the Environment: The Supreme Court
Supreme Court appointments are among the most durable of Presidential actions. A fifty-year-old appointee could well be on the Supreme Court until 2040 or longer. As an AP story this morning points out, the election could dramatically change the balance on the Supreme Court: With four justices in their seventies, odds are good that whoever is …
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CONTINUE READINGWhat foie gras and low carbon fuels have in common
Many of you may have heard of California’s ban on foie gras. The ban was signed into law in 2004 by that notorious hippie, Governor Arnold Schwarzenegger, but did not take effect until 2012. Fewer of you may be aware of the current litigation over California’s low carbon fuel standard (LCFS) program. Litigation concerning both …
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CONTINUE READINGDid the Founding Fathers Believe in a Strong Federal Government? You Betcha.
The whole point of the Constitution was to give the federal government more power.
CONTINUE READINGThe Chief Justice’s “Switch in Time” — Practically Huge But Legally Minimalist
“The switch in time that saved nine” is how one wag described a key vote change by a Justice during the New Deal. The “saved nine” part may or may not apply, but Chief Justice Roberts obviously switched his vote in the healthcare case. I can’t remember a case in which the opinions made this …
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CONTINUE READINGThe Health Care Cases: Instant Uninformed Reaction!!
1) Wow. On the specific issue here, I’ll take it. 2) Environmental lawyers will need to look at this decision very carefully. From an initial very quick parsing, it appears as if Chief Justice Roberts’ opinion has cut back the scope of Commerce Clause authority and under the Necessary and Proper Clause as well as …
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CONTINUE READINGThe Supreme Court Strikes Down the Clean Air Act
Not, not really. Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law. I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …
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