During the Oral Arguments for 'Diamond International, LLC v. EPA', Supreme Court Justice Ketanji Brown Jackson questioned an attorney about how California fuel standards will affect agriculture in the U.S.
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00:00I'm sorry, Mr. Jackson.
00:03Yeah, so what about corn and soybean growers?
00:08Are they in or out?
00:09They're in.
00:09They're in?
00:10Yes, they make liquid fuel, various kinds of liquid fuel, ethanol and all the rest.
00:14And this rule says, nope, can't go try to convince the automakers to use your fuel.
00:19They have to make a certain...
00:21So, I mean, what about the ones that aren't quite the fuel producers but they're earlier in the chain?
00:25I mean, it sounds to me like your rule is conferring standing on anyone in the chain of production in a product that gets affected as a result of a government regulation.
00:36I don't mean to reach down the road to all the inputs and suppliers.
00:39But how do you stop reaching down the road?
00:41Are you the producer?
00:42We make and sell liquid fuel and the government says, you could sell to them yesterday, but you can only sell a certain amount today.
00:48That is a direct restriction on the product we make and sell.
00:52That we, by any account, ought to have standing.
00:57Thank you, Council.
01:02Mr. Needler.