Oregon AG and Washington AG Filed Brief in Opposition to Supreme Court Review of Oregon’s Low Carbon Fuel Standard

APRIL 5, 2019

Oregon Attorney General Rosenblum and Washington Attorney General Bob Ferguson filed a brief in opposition to Supreme Court review of a ruling from the U.S. Court of Appeals for the Ninth Circuit that upheld Oregon’s Low Carbon Fuel Standard (LCFS) against a challenge brought by the trucking industry. The LCFS requires fuel importers or producers to maintain an average carbon intensity of all transportation fuels sold in the state below an annual limit. The standard assigns carbon intensities to fuels by calculating lifecycle greenhouse gas emissions, including on the basis of fuel type and where the fuel is produced and refined. The brief noted that the Ninth Circuit properly found that Oregon’s LCFS did not unlawfully discriminate against out-of-state fuels, but instead lawfully regulated the carbon intensity of fuels that are purchased in Oregon and that cause in-state harms.