Low Carbon Fuel Standard Provisions Enforceable Again


In what is starting to become routine in California, a court has again decided the fate, at least temporarily, of another AB 32 program. Earlier this week, the Ninth Circuit lifted an injunction which prevented the California Air Resources Board (Board or CARB) from enforcing the Low Carbon Fuel Standard (LCFS). The Court temporarily lifted the injunction issued late last year. The LCFS is in its second year of implementation, on its way to a 2020 goal of achieving a 10% reduction in greenhouse gas emissions from the state’s fuel supply.

A three-judge panel agreed with CARB’s arguments to stay a California federal court’s Dec. 29, 2012 decision preventing the Board from enforcing the provisions of the regulation while the merits of the actual case against it worked its way through the appeal process. This new decision allows for full enforcement of the LCFS standards.

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Published In: Administrative Agency Updates, Civil Procedure Updates, Energy & Utilities Updates, Environmental Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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