The Supreme Court on Monday declined to hear a case that would have challenged California’s Low Carbon Fuel Standard — the first such fuel law enacted by a state in the U.S. Manufacturers contested the law on the grounds that it discriminates against out-of-state producers due to an emphasis on the entire "carbon life-cycle” of fuel. The law was challenged successfully at the U.S. District Court level in December 2011, but that ruling was reversed on appeal.
Richard Moskowitz, general counsel for the American Fuel & Petrochemical Manufacturers, called the high court’s decision “disappointing.”
“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,” Moskowitz said in a statement.
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