AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS; American Trucking Associations, Inc., a trade association; Consumer Energy Alliance, a trade association, Plaintiffs-Appellants,
v.
Jane O'KEEFFE; Ed Armstrong; Morgan Rider; Colleen Johnson; Melinda Eden; Dick Pedersen; Joni Hammond; Wendy Wiles; David Collier; Jeffrey Stocum; Cory-Ann Wind; Lydia Emer; Leah Feldon; Greg Aldrich; and Sue Langston, in their official capacities as officers and employees of the Oregon Department of Environmental Quality; Ellen F. Rosenblum, in her official capacity as Attorney General of the State of Oregon; Kate Brown, in her official capacity as Governor of the State of Oregon, Defendants-Appellees,
California Air Resources Board; State of Washington; Oregon Environmental Council; Sierra Club; Natural Resources Defense Council; Environmental Defense Fund; Climate Solutions, Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 6, 2018—Portland, Oregon.
Amanda W. Goodin and Patti A. Goldman , Earthjustice, Seattle, Washington; David Pettit , Natural Resources Defense Council, Santa Monica, California; Joanne Spalding , Sierra Club, Oakland, California; Sean H. Donahue , Donahue & Goldberg LLP, Washington, D.C.; for Intervenor-Defendants-Appellees Oregon Environmental Council, Sierra Club, Natural Resources Defense Council, Environmental Defense Fund, and Climate Solutions.
Margaret Elaine Meckenstock (argued), Deputy Attorney General; Gavin G. McCabe , Supervising Deputy Attorney General; Robert W. Byrne , Senior Assistant Attorney General; Office of the Attorney General, Oakland, California; Thomas J. Young , Senior Counsel; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Intervenor-Defendants-Appellees California Air Resources Board and State of Washington.
Dissent by Judge N.R. Smith
OPINION
HURWITZ, Circuit Judge.
This case requires us to decide whether an Oregon program regulating the production and sale of transportation fuels based on greenhouse gas emissions violates the Commerce Clause, U.S. Const. art. I, § 8, cl. 3, or is preempted by § 211(c) of the Clean Air Act ("CAA"), 42 U.S.C. §§ 7401...
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