Supreme Court Declines Review of Ninth Circuit’s LCFS Decision

June 30, 2014

 

WASHINGTON – Statement by American Fuel & Petrochemical Manufacturers (AFPM) General Counsel Rich Moskowitz on the Supreme Court decision to deny review of a judgment by the U.S. Court of Appeals for the Ninth Circuit in Rocky Mountain Farmers Union v. Corey, No. 12-15131, a case that centered on the constitutionality of California’s Low Carbon Fuel Standard (LCFS):   

“The Supreme Court’s decision not to review this case is disappointing and leaves in place a state regulation that discriminates against fuels and other products produced outside of California. The Constitution places limits on a state’s authority to regulate the processes used to produce fuel and other products outside its borders and, as seven judges of the Ninth Circuit found, the California LCFS clearly violates this principle. California’s efforts to dictate how fuel is produced outside of its borders ignores Constitutional safeguards that have long protected against one state controlling the conduct of private parties beyond their borders,” said AFPM General Counsel Richard Moskowitz.

AFPM, along with the American Trucking Associations (ATA) and the Consumer Energy Alliance (CEA), filed a petition for writ of certiorari to the Supreme Court of the United States to review the judgment of the U.S. Court of Appeals for the Ninth Circuit in Rocky Mountain Farmers Union v. Corey on March 21, 2014.