The Ninth U.S. Circuit Court of Appeals is refusing to revisit the ruling that upheld California’s low carbon fuel standard. Growth Energy and the Renewable Fuels Association say the decision to allow a discriminatory LCFS to stand is a blow to California consumers. The groups are evaluating all options moving forward to ensure sound science and fair play ultimately prevail in this case. Judge Ronald Gould – writing for the majority – said the state is within its rights to implement laws designed to reduce greenhouse gas emissions. But in a strongly worded dissent – seven judges said the LCFS threatens to Balkanize our national economy. According to the dissenting opinion – “The majority opinion in this case upholds a regulatory scheme that, on its face, promotes California industry at the expense of out-of-state interests.
The majority opinion also sanctions California’s clear attempt to project its authority into other states. Because the Constitution forbids such an expansive and discriminatory exercise of state power over interstate commerce, I respectfully dissent from our failure to rehear this case.” Growth Energy and RFA are heartened that those seven judges dissented believing it merited further review.
Source: NAFB News service