United States Ninth Circuit

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American Fuel and Petrochemical Manufacturers v. O'Keeffe, 15-35834

Affirmed the dismissal of a complaint challenging Oregon's Clean Fuels Program, which regulates the production and sale of transportation fuels based on greenhouse gas emissions. Industry trade groups filed this suit alleging that the Oregon program violates the Commerce Clause and is preempted by the Clean Air Act. Finding the allegations not plausible, the Ninth Circuit affirmed dismissal of the trade groups' complaint.

Appellate Information

  • Decided
  • Published 2018/09/07


  • Hurwitz


  • United States Ninth Circuit


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