Commerce Clause

Federal Judge Blocks Enforcement of California Low Carbon Fuel Standard

by Marlo Lewis on January 5, 2012

in Blog, Features

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Last week, Judge Lawrence O’Neill of the U.S. District Court in Fresno issued a preliminary injunction blocking enforcement of California’s Low Carbon Fuel Standard (LCFS), a regulation requiring a 10% reduction in the carbon content of motor fuels sold in the state by 2020. O’Neill concluded that the LCFS violates the Commerce Clause of the U.S. Constitution because it discriminates against out-of-state economic interests and attempts to control conduct outside the state’s jurisdiction. [click to continue…]

Are State Green Energy Production Quotas Unconstitutional?

by William Yeatman on April 5, 2011

in Blog

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I’m contributing to a lawsuit, filed by the American Tradition Institute, against Colorado, alleging that the State’s green energy production quota, known as a Renewable Electricity Standard, is an unlawful violation of the Congress’s authority to regulate interstate commerce under the Commerce Clause of the U.S. Constitution.

Read all about it here.