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9th Circuit Judges Appear Reluctant To Dismiss Suit Against Oregon LCFS

March 08, 2018
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit appeared reluctant to dismiss a challenge by multiple industries to Oregon's low-carbon fuel standard (LCFS) based in part on procedural issues, signaling during a March 6 hearing that the litigation could be extended to delve deeper into industry claims. The reluctance appears anchored in the fact that Oregon officials seek outright dismissal of the case, American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O'Keeffe, et al....

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