North Dakota v. Swanson

• Ann Carlson
• January 6, 2012

Commerce 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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