Renewable Fuels Association and Growth Energy to petition Supreme Court over California LCFS

In Washington, the Renewable Fuels Association and Growth Energy are petitioning the Supreme Court to make a final determination regarding California’s Low Carbon Fuel Standard, which the plaintiffs claim is constitutionally flawed, as it discriminates against out-of-state commerce and seeks to regulate conduct in other states.

The Ninth Circuit Court of Appeals recently reversed the opinion of a District Court, finding that the California LCFS discriminates against interstate commerce and constitutes extraterritorial regulation in violation of the Commerce Clause.

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