On 23 March, the American Fuel & Petrochemical Manufacturers (AFPM), American Trucking Associations, and the Consumer Energy Alliance filed a complaint in the US District Court in Oregon challenging the constitutionality of Oregon’s Low Carbon Fuel Standard (Oregon LCFS). The parties filed the complaint on the grounds that the implementation and enforcement of the Oregon LCFS violates the US Constitution by discriminating against transportation fuels produced outside the state, with the intended purpose of promoting and benefiting the development of in state fuel production and discouraging the use of fuels from outside of Oregon. The Oregon LCFS also is unconstitutional because it attempts to regulate conduct occurring outside the state of Oregon.
“The Oregon low carbon fuel standard will harm consumers while providing no measurable environmental benefit. Greenhouse gas emissions have the same impact regardless of where they are emitted and forcing the consumption of low carbon fuels in Oregon – or in any state – will not reduce global carbon emissions due to fuel shuffling,” said AFPM General Counsel Rich Moskowitz. “This programme is clearly unconstitutional because it discriminates against out of state gasoline, diesel and ethanol providers in order to promote the development of an in state biofuels programme.”
Implementation of the Oregon LCFS also would violate the Constitution’s Supremacy Clause, since the regulation of the carbon and renewable fuel content of transportation fuel is preempted by the federal Clean Air Act and other federal laws.
Adapted from press release by Rosalie Starling
Read the article online at: https://www.hydrocarbonengineering.com/the-environment/24032015/afpm-disputes-oregons-low-carbon-fuel-standard-503/