Ethanol Industry Files to Take LCFS Fight to the Supreme Court
Biomass Magazine, March 20, 2014
Following the January decision by the Ninth U.S. Circuit Court of
Appeals to deny rehearing en banc in the litigation regarding
California’s Low Carbon Fuel Standard, the Renewable Fuels Association
and Growth Energy have petitioned the U.S. Supreme Court for certiorari
to make a final determination relating to the LCFS. By its own
admission, California’s LCFS seeks to regulate greenhouse gas emissions
occurring in other states by rewarding and punishing industrial and
agricultural activity taking place outside California.
And it bases the size of these rewards and penalties on whether
production took place in California or in the Midwest—systematically
favoring California. Plaintiffs argue that the Constitution denies
states such authority.
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