Ethanol Industry Takes LCFS Fight to High Court

The nation’s ethanol industry has decided to take its fight against the California Low Carbon Fuel Standard (LCFS) to United States Supreme Court.

rfagrowthThe Renewable Fuels Association (RFA) and Growth Energy today filed a joint petition with the U.S. Supreme Court for “certiorari to make a final determination relating to the constitutionally flawed LCFS.” The action follows a decision by the Ninth U.S. Circuit Court of Appeals in January to deny rehearing en banc in the litigation regarding the California law.

A joint release from the two ethanol groups stated, “California, through adoption of the LCFS, has violated the most basic, structural features of interstate federalism. LCFS not only discriminates against out-of-state commerce, but it seeks to regulate conduct in other States in direct contravention of our constitutional structure and at the direct expense of Midwestern farmers and ethanol producers.”

The January decision by a divided panel of the the Ninth Circuit Court reversed a previous District Court finding that the California LCFS violates the Commerce Clause of the U.S. Constitution and is therefore unconstitutional. The ethanol groups note that California officials admit the LCFS seeks to regulate greenhouse gas emissions occurring in other states “by rewarding and punishing industrial and agricultural activity taking place outside California” and in doing so systematically favors California, which they contend is unconstitutional.

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