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An Analysis Of Federal Preemption And A Clean Fuel Standard In Washington State, Kirsten Nelsen
An Analysis Of Federal Preemption And A Clean Fuel Standard In Washington State, Kirsten Nelsen
Washington Law Review Online
Transportation fuel is the greatest contributor to greenhouse gas emissions in Washington State. To curb emissions, Governor Jay Inslee has charged the Washington State Department of Ecology with developing a Clean Fuel Standard (“CFS”) proposal, which may be proposed in future legislative sessions. The goal of a CFS is to reduce the overall carbon intensity of transportation fuel. California enacted a similar program in 2010—the low carbon fuel standard—which was challenged in federal court. One issue that remains open is whether a state low carbon fuel standard would be preempted by the federal Clean Air Act. This Essay considers whether …