Legal Opinion
New Energy Co. of Indiana v. Limbach
Supreme Court of the United States
Decided May 31, 1988No. 87-654PublishedCited by 570 opinions
1Opinion of the CourtJustice Scalia
Appellant New Energy Company of Indiana has challenged the constitutionality of Ohio Rev. Code Ann. §5735.145(B) (1986), a provision that awards a tax credit against the Ohio motor vehicle fuel sales tax for each gallon of ethanol sold (as a component of gasohol) by fuel dealers, but only if the ethanol is produced in Ohio or in a State that grants similar tax advantages to ethanol produced in Ohio. The question presented is whether § 5735.145(B) discriminates against interstate commerce in violation of the Commerce Clause, U. S. Const., Art. I, §8, cl. 3.
I
Ethanol, or ethyl alcohol, is…
2Cases cited18 opinions
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Hughes v. OklahomaSupreme Court of the United States · 1979
- Maine v. TaylorSupreme Court of the United States · 1986
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3Cited by570 opinions
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