![]() ![]() ![]() The Ninth Circuit also held that the plaintiffs' "structural federalism" claim was precluded by the court's recent decision on Oregon's Clean Fuel Program, in which the Ninth Circuit concluded that any such claim would be contingent on a finding that the program regulated extraterritorially. without the ability to differentiate the different production processes and power generation that are used to produce those fuels." Regarding facial discrimination, the court said that California was attempting "to address a vitally important environmental issue with vast potential consequences" and that it could not offer "a potential solution to the perverse incentives that would otherwise undermine any attempt to assess and regulate the carbon impact of different fuels. Regarding extraterritoriality, the court rejected the argument that the LCFS was motivated by a concern for environmental harms in other states, stating: "California did not enact the LCFS because it thinks that it is the state that knows how best to protect Iowa's farms, Maine's fisheries, or Michigan's lakes." The court said California's interest in lifecycle emissions arose from its concern about climate change's impacts on California and that the LCFS was therefore "a classic exercise of police power." The Ninth Circuit therefore ruled that its prior decision on the 20 versions of the LCFS precluded the plaintiffs' claims that the 2015 LCFS constituted impermissible extraterritorial regulation and that it facially discriminated against interstate commerce in ethanol and crude oil. The Ninth Circuit noted that although the LCFS had been repealed and replaced in 2015, the "core structure" of the regulations (with their emphasis on fuels' lifecycle emissions) and claims was the same as it had been when the court decided the first appeal. In an opinion filed January 18, 2019, the Ninth Circuit Court of Appeals upheld California's Low Carbon Fuel Standard (LCFS), rejecting claims under the Commerce Clause that largely echoed unsuccessful arguments made before the Ninth Circuit in a previous appeal concerning only the 20 versions of the LCFS. The court heard the oral argument on September 26, 2018. Corey is a lawsuit appealed from the United States District Court for the Eastern District of California. It does not store any personal data.United States Court of Appeals for the Ninth Circuit The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. The cookie is used to store the user consent for the cookies in the category "Performance". This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. The cookies is used to store the user consent for the cookies in the category "Necessary". The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". ![]() The cookie is used to store the user consent for the cookies in the category "Analytics". These cookies ensure basic functionalities and security features of the website, anonymously. ![]() Necessary cookies are absolutely essential for the website to function properly. ![]()
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