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Petitions of the day

The petitions of the day are:


Issue: (1) Whether the Ninth Circuit erred in concluding that California’s Low Carbon Fuel Standard does not facially discriminate against interstate commerce; and (2) whether the Ninth Circuit erred in concluding that the Low Carbon Fuel Standard is not an extraterritorial regulation.


Issue: Whether California’s Low Carbon Fuel Standard is unconstitutional because it discriminates against out-of-state fuels and regulates interstate and foreign commerce that occurs wholly outside of California.


Issue: (1) Whether Section 211(c)(4)(B) of the Clean Air Act, 42 U.S.C. § 7545(c)(4)(B), which authorizes California to prescribe emissions controls with respect to “any fuel” “at any time,” bars some or all of petitioners’ dormant commerce clause challenges to California’s Low Carbon Fuel Standard; and (2) whether petitioners’ challenges, in 13-1149, to the treatment of 2011 California crude oil sales, including the challenge remanded to the district court, are moot, where the challenged regulatory provisions were never actually applied to petitioners or others and have been superseded by substantially different provisions.


Recommended Citation: Maureen Johnston, Petitions of the day, SCOTUSblog (Jun. 25, 2014, 10:11 PM),