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J. Michael Cavanaugh
Partner
Washington
Abu Dhabi

J. Michael Cavanaugh co-chairs Holland & Knight's Energy & Clean Technology Team. He assists clients with development of infrastructure projects in the energy and utilities,...

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Beth Viola
Sr Policy Advisor
Washington

Beth A. Viola is senior policy advisor with Holland & Knight and co-chairs the firm's Energy & Clean Technology Team. Ms. Viola's practice areas include energy and environmental...

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Articles & White Papers
Energy

A Crude Move Against Calif. Low Carbon Fuel Standard
 

Law360

February 2, 2012
 
Kurt E. Blase- Washington

In a decision likely to reverberate well beyond California, a federal district court has struck down the California low carbon fuel standard (LCFS) as prohibited by the federal Commerce Clause. The court found that “the LCFS discriminates against out-of-state and foreign crude oil while giving an economic advantage to in-state crude oil.” It also found that “the LCFS discriminates against out-of-state corn ethanol and impermissibly controls extraterritorial conduct.” Because the state had failed “to establish that no alternative means exist to address their legitimate concerns of combating global warming,” the LCFS is invalid. The court stayed enforcement of the LCFS pending further judicial review.

READ: A Crude Move Against Calif. Low Carbon Fuel Standard

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