Federal court declares California LCFS unconstitutional

01/09/2012
A federal district court in California blocked California's Low Carbon Fuel Standard (LCFS) after declaring the regulation unconstitutional. The regulation violates the US Constitution's dormant commerce clause by discriminating against out-of-state and foreign crude oil producers and fuel ethanol supplies, Judge Lawrence J. O'Neill of the US District Court for Eastern California said in his Dec. 29 decision. "Having considered the parties' arguments and relevant legal authority, this court finds that the LCFS discriminates against out-of-state and foreign crude oil while giving an economic advantage to in-state crude oil," he wrote. "As explained in a separate order on the...
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