Calif. Air Resources Board appeals ruling on Low Carbon Fuel Standard

By Agri-Pulse staff

© Copyright Agri-Pulse Communications, Inc.

WASHINGTON, Jan. 5 - The California Air Resources Board (CARB) today filed a notice of appeal in the U.S. Court of Appeals for the 9th Circuit to challenge the ruling that the California Low Carbon Fuel Standard (LCFS) violates the commerce clause of the U.S. Constitution. 

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U.S. District Judge Lawrence O'Neill ruled that CARB's Low Carbon Fuel Standard is unconstitutional.  In his December 29th ruling in Rocky Mountain Farmers Union v. Goldstene, the federal judge issued an injunction preventing CARB from implementing the LCFS.

The Renewable Fuels Association (RFA) issued a statement supporting Judge O'Neill's ruling. 

“RFA spearheaded the efforts at the District Court level in advocating the constitutional challenge under the commerce clause and fully believes the LCFS stands in clear violation,” said the release. “Judge O'Neill agreed, basing his ruling on strong evidence and sound constitutional law. In the Court of Appeals, RFA will vigorously defend the result obtained at the District Court level.”

The RFA's analysis of the Judge O'Neill's ruling is available here.


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