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9th Circuit Rejects Industry Commerce Clause Challenge To Oregon LCFS

September 07, 2018
An appellate court is rejecting refining and biofuel industry challenges to Oregon's low-carbon fuel standard (LCFS), finding, among other things, that the program does not unconstitutionally favor in-state ethanol production by assigning a higher carbon intensity value to ethanol and other fuels produced out of state. The Sept. 7 ruling by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit marks the latest loss for industry critics of such programs, who had hoped an adverse ruling...

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