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California Air Board shifts to new court in LCFS appeal

After the U.S. District for the Eastern District of California rejected a request to lift a stay on low carbon fuel standards (LCFS) in California, the California Air Resources Board (CARB) has shifted to a new court in the 9th Circuit in hopes of a new decision.

After the U.S. District for the Eastern District of California rejected a request to lift a stay on low carbon fuel standards (LCFS) in California, the California Air Resources Board (CARB) has shifted to a new court in the 9th Circuit in hopes of a new decision.  Last month, Judge Lawrence O’Neil ruled the standard unconstitutional and in violation of the commerce clause. On Monday Jan. 23, CARB’s attempt to win a stay of a decision halting its LCFS program was again denied.

In response to the development, Consumer Energy Alliance (CEA) Executive Vice President Michael Whatley stated:

“The decision by CARB to appeal the decision by the District Court is disappointing, but unfortunately not surprising. We look forward to a decision by the Ninth Circuit upholding the District Court and confirming the unconstitutional nature of California's low carbon fuel standard."   

“In addition to discriminating against out of state fuels, the California LCFS would have driven gasoline and diesel prices for consumers through the roof while providing no real benefits for the environment.  Rather than appealing Judge O'Neill's sound decision, CARB should scrap this faulty program.”

On Jan. 5, CARB appealed the ruling and followed up Friday with a filing to lift the stay on the potential program.  On Monday, Judge O’Neill rejected that petition. Today, CARB filed its appeal with the 9th Circuit in San Francisco. Details surrounding the timing of the injunction are still being developed.

A copy of Monday’s amended decision can be found here.

A copy of the court’s original decision can be found here.

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