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. 

http://www.biomassmagazine.com/articles/10158/ethanol-industry-files-to-take-lcfs-fight-to-the-supreme-court