United States Ninth Circuit

Summary judgment for plaintiffs in their challenge to the constitutionality of California's Low Carbon Fuel Standard is: 1) reversed in part and remanded, where the Fuel Standard's ethanol provisions were not facially discriminatory and was not an impermissible extraterritorial regulation ; and 2) affirmed in part, where the district court correctly concluded that the Fuel Standard's crude oil provisions were not facially discriminatory; 3) reversed in part, where the crude oil provisions were not discriminatory in purpose and effect; and 4) affirmed in part, where the district court correctly concluded that Section 211(c)(4)(b) of the Clean Air Act does not insulate California from scrutiny under the dormant Commerce Clause.

Appellate Information

• Decided 09/18/2013
• Published 09/18/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel