American Fuel & Petrochemical Manufacturers v. O’Keeffe

Citation: American Fuel & Petrochemical Manufacturers v. O’Keeffe (9th Cir., No. 15-35834)

This case is an appeal of a district court ruling that upheld Oregon’s Low Carbon Fuel Standard (LCFS) and concluded that EPA’s decision to not regulate methane in fuels did not preclude state regulation. The California Air Resources Board and Washington intervened in support of Oregon’s Clean Fuels Program. Parties challenging the rule argue that 1) Oregon’s LCFS program violates the Commerce Clause as it places restrictions on imported fuels and promotes locally produced fuels; 2) is in violation of the United States Constitution as it restricts imports based on a life-cycle analysis that regulates where and how fuels are produced and transported; and 3) its regulation of methane emissions from transportation fuels is preempted by the federal Clean Air Act. Briefing is complete and oral argument has not yet been scheduled.


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