When a State Does the "Circuit": State Administrative Discretion at the Jurisdictional Precipice

Authors

Steven Ferrey, Suffolk University Law SchoolFollow

Document Type

Article

Publication Title

Nexus: Chapman's Journal of Law and Policy

Abstract

California raised its renewable energy requirement, already the most ambitious of all the contiguous 48 states, to require 50% of all electric power generated by 2030 to be generated from renewable energy. This now is the most aggressive renewable energy standard of any major economy in the world. California's low carbon fuel standard, eventually upheld by the Ninth Circuit with a dissent, appears to be disconnected with the last half century of Supreme Court Commerce Clause jurisprudence. After this decision, as noted by a member of the Ninth Circuit, California may now be given free license to impose carbon tariffs on out-of-state import of wine, as well as food, air passengers, and trash. This article explores how California and other Western states within the Ninth Circuit now could enjoy liberal license on how they regulate carbon and out-of-state transport of goods into the state.

First Page

21

Last Page

45

Publication Date

2016

Recommended Citation

Steven Ferrey, When a State Does the "Circuit": State Administrative Discretion at the Jurisdictional Precipice, 21 Nexus: Chapman's J. of L. and Pol'y 21 (2016).

Creative Commons License

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