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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