Calif. Fuel Plan Ruling Won't Stop Commerce Clause Attacks

By Juan Carlos Rodriguez (August 19, 2015, 9:06 PM EDT) -- Although a California federal judge tossed the majority of a dormant Commerce Clause challenge to California's low carbon fuel standard, experts say programs in other states that may discriminate against fuel produced outside its borders could still be vulnerable to similar attacks.

Last week, U.S. District Judge Lawrence J. O'Neill largely dismissed challenges against California's low carbon fuel standard, or LCFS, following the direction of the Ninth Circuit, which had overturned his previous ruling striking down the program. Judge O'Neill found that the variety of industry plaintiffs had not shown that crude oil provisions in the plan are discriminatory, one of...

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