dormant Commerce Clause
Guest Bloggers Erica Morehouse and Tim O’Connor of Environmental Defense Fund: 9th Circuit Allows CARB to Enforce the LCFS
(It’s exam season; so, for any remedies students out there this post can count as review!) On Monday, a motions panel at the 9th Circuit Court of Appeals ruled that the California Air Resources Board (CARB) can continue enforcing the Low Carbon Fuel Standard (LCFS). This decision stayed (pending appeal) a trial court judge’s preliminary …
CONTINUE READINGGuest blogger David Pettit: In the Weeds with GHGs
This post, by David Pettit of the Natural Resources Defense Council, is part of an occasional series by guest bloggers. As Ann Carlson and Rick Frank have previously blogged, on December 29th 2011, U.S. District Court Judge Lawrence J. O’Neill ruled that California’s low carbon fuel standard (LCFS) violates the Commerce Clause of the U.S. …
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CONTINUE READINGCommerce Clause Challenges and State Climate Policy
As Rick previously blogged, the U.S. District Court for the Eastern District struck down California’s Low Carbon Fuel Standard (LCFS) last month on the grounds that the standard discriminates against out-of -state ethanol producers in violation of the Commerce Clause of the United States Constitution. The decision — Rocky Mountain Farmers Union v. Goldstene — is …
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CONTINUE READINGFederal Court Invalidates California’s Low Carbon Fuel Standard
U.S. District Judge Lawrence O’Neill has ruled that the California Air Resources Board’s pioneering Low Carbon Fuel Standard, a key component of California’s multifaceted strategy to reduce the state’s aggregate greenhouse gas emissions under AB 32, is unconstitutional. In his December 29th ruling in Rocky Mountain Farmers Union v. Goldstene, the Fresno-based federal judge issued …
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