CARB suffers setback
Yesterday, a federal court in Fresno enjoined implementation of the California Air Resources Board’s Low Carbon Fuel Standard, reasoning that the regulation impermissibly burdens interstate commerce in violation of the U.S. Constitution. Prof. Richard Frank has a good analysis of the decision in Rocky Mountain Farmers Union v. Goldstene at Legal Planet.
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PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›