American Fuel & Petrochemical Manufacturers v. O’Keeffe

The Ninth Circuit affirmed the district court's dismissal of a complaint challenging Oregon's Clean Fuels Program, alleging that it violated the Commerce Clause and was preempted by section 211(c) of the Clean Air Act (CAA). The Program regulates the production and sale of transportation fuels based on greenhouse gas emissions.Determining that Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070, 1081 (9th Cir. 2013), was controlling as to the Commerce Clause claim, the panel held that, like the California Low Carbon Fuel Standard at issue in Rocky Mountain, the Oregon Program discriminated against fuels based on lifecycle greenhouse gas emissions, not state of origin. The panel also held that the complaint failed to plausibly allege that the Oregon Program was discriminatory in purpose, and the Program did not violate the Commerce Clause and principles of interstate federalism by attempting to control commerce occurring outside the boundaries of the state. The panel also held that the EPA's decision not to regulate methane was not preemptive under the CAA. View "American Fuel & Petrochemical Manufacturers v. O'Keeffe" on Justia Law