American Fuel & Petrochemical Manufacturers v. O’Keeffe

U.S. Supreme Court

Question(s) Presented

1. Whether the Oregon Fuel Program—which restricts transportation fuel imports based upon a “life-cycle analysis” that regulates the manner in which the fuels are produced and transported in interstate and foreign commerce—is an impermissible extraterritorial regulation that violates the United States Constitution.

2. Whether the Oregon Fuel Program—which is designed to require and has the effect of requiring outof-state competitors to subsidize in-state producers— violates the Commerce Clause. 

Tab Group