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CARB Rebuts Industry Claims In Commerce Clause Suit Over Oregon LCFS

July 06, 2018
The California air board is rebutting claims by industry groups that two recent federal appellate court rulings bolster their constitutional challenge to Oregon's low-carbon fuel standard (LCFS) that is pending in the U.S. Court of Appeals for the 9th Circuit. Opponents of the program argue that it illegally regulates commerce in other states, in violation of the Constitution's dormant Commerce Clause. Recently, industry groups cited two rulings in other Commerce Clause-related suits to bolster their point, but the California officials...

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