Calif. Fuel Plan Ruling Won't Stop Commerce Clause Attacks
Aug.19.2015 — Law360
Washington, D.C. partner Richard Lehfeldt and counsel Cameron Prell from Crowell & Moring's Energy Group talk with Law360 about the recent dismissal of the dormant Commerce Clause challenge against California's low carbon fuel standard. Although the challenge was dismissed by a federal judge, Lehfeldt said, "The results and nature of the cases in other states will vary depending on how the states set up their program." Prell also added, "If a state decides to pursue a state measures plan, which gives it some flexibility in meeting carbon emission targets, and wants to use transportation-related reductions for purposes of compliance, hypothetically, it may be able to count the reductions under certain specific circumstances ... but that would have to go through EPA approval."