US judge deems California carbon standards unconstitutional

29 December 2011 22:59  [Source: ICIS news]

HOUSTON (ICIS)--A US district court judge ruled on Thursday that California’s Low Carbon Fuel Standard (LCFS) is unconstitutional, the Renewable Fuels Association (RFA) said. 

Judge Lawrence O’Neill said the LCFS violates the commerce clause of the US Constitution because it regulated out-of-state farmers and ethanol producers. The commerce clause forbids the regulation of out-of-state goods.

The Renewable Fuels Association (RFA) lauded the ruling, saying California was overreaching in creating the LCFS.

“With this ruling, it is our hope that the California regulators will come back to the table to work on a thoughtful, fair and ultimately achievable strategy for improving our environment by incenting the growth and evolution of American renewable fuels,” said RFA president Bob Dinneen.

The California Air Resources Board (CARB) will have the opportunity to appeal the decision to the US 9th Circuit Court of Appeals.


By: Bobbie Clark
+1 713 525 2653



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