Prime Mover Institute’s Comment on the Department of Justice’s Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce

An increasing number of states are adopting so-called “low carbon fuel standards” (LCFS). These states claim their standards reduce the carbon intensity of on-road and off-road motor fuels by requiring fuel suppliers to meet the standards by supplanting gasoline and diesel fuel with electricity, hydrogen or biofuels, or by purchasing credits from other producers of fuels with state-determined carbon intensity scores at or below the mandated levels. To date, these standards have been adopted by California, Oregon, Washington and New Mexico. Cal. Health & Safety Code § 38500 et seq.; Cal. Code Regs. tit. 17, § 95480 et seq.; Or. Rev. Stat. § 468A.266 et seq. (2026); Wash. Rev. Code § 70A.535.025 et seq.; N.M. Stat. Ann. §§ 74-1-3, 7(A)(15), 8(A)(15), 18.