AFPM comment on LCFS decision

AFPM General Council, Rich Moskowitz has made a statement on the Supreme Court decision to deny review of a judgement by the US Court of Appeals for the Ninth Circuit in ‘Rocky Mountain Farmers Union v. Corey,’ No. 12-15131, a case that centred on the constitutionality of California’s LCFS.

Moscowitz said, ‘The Supreme Court’s decision not to review this case is disappointing and leaves in place a state regulation that discriminates against fuels and other products produced outside of California. 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 in the Ninth Circuit found, the California LCFS clearly violates this principle. California’s efforts to dictate how fuel is produced outside of its borders ignores Constitutional safeguards that have long protected against one state controlling the conduct of private parties beyond their borders.’

The AFPM, along with the American Trucking Association (ATA) and the Consumer Energy Alliance (CEA), filed a petition for writ of certiorari to the Supreme Court of the US to review the judgement of the US Court of Appeals for the Ninth Circuit in ‘Rocky Mountain Farmers Union v. Corey’ on March 21, 2014.

Adapted from press release by Claira Lloyd

Read the article online at: https://www.hydrocarbonengineering.com/gas-processing/01072014/afpm_on_lcfs_latest_decision/