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Ahh, the famous Commerce Clause of the U.S. Constitution (i.e., Article 1, Section 8). What doesn't it cover? According to U.S. District Judge Lawrence O'Neill, it covers the Low Carbon Fuel Standard (LCFS) rules put out by the California Air Resources Board (CARB) about the levels of carbon allowed in transportation fuel. CARB had issued a rule that, by 2020, the carbon footprint of gas and diesel fuel has to be reduced by 10 percent compared to 1990 levels. Sounds good, right? And it's in line

The proposal from the California Air Resources Board for a Low Carbon Fuel Standard that we mentioned the other day might deal a blow to the biofuels industry. The LCFS might be one way for California to meet its stated goal of reducing greenhouse gas emissions through lowered carbon in California transportation fuels by an average of 10 percent by the year 2020. To enact some of this reduction, CARB is looking at lifecycle emissions of biofuels. According to the New York Times, some ethanol mak