Casto and Tanner Article on California’s Greenhouse Gas Program Published in Law360

Partner Keith Casto and Associate Brad Tanner have co-authored an article titled “The Fate of Calif.’s LCFS Under the Commerce Clause,” appearing in the May 25, 2012, issue of Law360. They examine a federal district court determination that certain aspects of California’s greenhouse gas reduction program violated the dormant Commerce Clause. They also consider whether the ruling provides any precedent as to other parts of the program. Noting that the Ninth Circuit has temporarily stayed the lower court’s decision to enjoin implementation of California’s low carbon fuel standard (LCFS), the authors discuss the implications for the state’s cap-and-trade program which will take effect in January 2013. According to the article, the California Air Resources Board has delayed holding its first carbon auction, and it will now proceed in November 2012. The fate of the program, the authors conclude, could ultimately lie with the U.S. Supreme Court. To read the article, please click here.