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Commerce Clause

Minnesota Sands, LLC v. Winona, Minnesota, County of

Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued the ordinance violated the...

Rocky Mountain Farmers Union v. Corey

The Ninth Circuit affirmed a district court's dismissal of a constitutional challenge to California's 2015 Low Carbon Fuel Standard (LCFS). Farming groups argued that the state's LCFS violated the Commerce Clause and the federal...

Minnesota Sands, LLC v. Winona, Minnesota, County of

A Minnesota appellate court affirmed a lower court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued that the ordinance...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor...

American Fuel & Petrochemical Manufacturers v. O'Keeffe

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was...

Energy & Environmental Legal Institute v. Epel

The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy group claimed that the renewable energy...

Minimizing Constitutional Risk in State Energy Policy: A Survey of the State of the Law

Constitutional challenges to new state energy policies have been mounting in state and federal courts. This Article surveys the state of the relevant law, focusing on the dormant Commerce Clause and the Supremacy Clause, and draws five...

Pike Balancing: Vulnerabilities of State Greenhouse Gas Regulations and Possible Solutions

The dormant Commerce Clause prohibits state-level regulations that improperly discriminate against out-of-state-interests or unduly burden interstate commerce. As such, this doctrine may present a barrier to state-level greenhouse gas...

C&A Carbone, Inc. v. County of Rockland

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities....

Rocky Mountain Farmers Union v. Corey

The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category...

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