30 Dec '11, 10am

Federal Judge rules California Low Carbon Fuel Standard violates Commerce Clause of US Constitution

Federal Judge rules California Low Carbon Fuel Standard violates Commerce Clause of US Constitution 30 December 2011 Federal District Judge Lawrence J. O’Neill, Eastern District of California, ruled on Thursday that the State of California’s Low Carbon Fuel Standard (LCFS) program is in violation of the Commerce Clause of the US Constitution and issued an injunction prohibiting its enforcement. (Earlier post .) The LCFS intends to reduce, on a full-fuel lifecycle basis, the carbon intensity (CI) of transportation fuels (measured in gCO2 e/MJ) used in California by an average of 10% by the year 2020. (Earlier post .) The Court found that the LCFS discriminates against out-of-state corn-derived ethanol and impermissibly regulates extraterritorial conduct. Judge O’Neill also ruled that California Air Resources Board (ARB) failed to establish that there are no alternative meth...

Full article: http://www.greencarcongress.com/2011/12/lcfs-20111230.html

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