The California Air Resources Board (CARB) filed a notice of appeal in the U.S. Court of Appeals for the 9th Circuit to challenge the ruling by U.S District Court for the Eastern District of California Judge Lawrence D. O’Neill that the California Low Carbon Fuel Standard (LCFS) violates the commerce clause of the U.S. Constitution.  

Responding to CARB’s filing, the Renewable Fuels Association (RFA) issued the following statement:

“RFA spearheaded the efforts at the District Court level in advocating the constitutional challenge under the commerce clause and fully believes the LCFS stands in clear violation.  Judge O’Neill agreed, basing his ruling on strong evidence and sound constitutional law.  In the Court of Appeals, RFA will vigorously defend the result obtained at the District Court level.”

The RFA has evaluated the ruling by Judge O’Neill and its implications.  The analysis is available here.