Calif. Carbon Fuel Standard Fight Destined For High Court

Law360, New York (January 23, 2014, 7:12 PM EST) -- The Ninth Circuit may have refused to reconsider its decision upholding California's Low Carbon Fuel Standard on Wednesday, but a blistering dissent insisting the program violates the U.S. Constitution's dormant Commerce Clause points the way toward an eventual Supreme Court review, which could impact states' ability to regulate climate change, experts say.

A majority of active Ninth Circuit judges denied petitions by trade groups and energy lobbyists — who claimed the standard discriminated against fuels and fuel feedstocks imported from outside California by including emissions spent...
To view the full article, register now.