Rocky Mountain Farmers Union v Goldstene

U.S. Supreme Court Declines to Revive Challenge to Oregon Clean Fuels Program

Legal Challenges to Oregon & California Vehicle Fuel Carbon-Intensity Standards Close to the End of the Line, Clearing Path Forward to Transformative Reductions in Greenhouse Gas Emissions from Transportation Sector

In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. This is third in that series. This past Monday, the U.S. Supreme Court denied review of a federal appeals court decision upholding the legality of Oregon’s Clean Fuels Program. That decision finally frees …


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 …