News & Analysis as of

Low Carbon Fuel Standard

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

by Latham & Watkins LLP on

As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

by Downey Brand LLP on

In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

by Miller Starr Regalia on

In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more

Climate Regulation in California: A State of Constant Change

by Beveridge & Diamond PC on

Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020,...more

California Court Chastises Air Resources Board over LCFS but Preserves 2017 Status Quo

by Latham & Watkins LLP on

In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a...more

California State Court Poised to Destabilize Low Carbon Fuel Standard

by Latham & Watkins LLP on

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more

Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization...

by Latham & Watkins LLP on

Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting...more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental...

by Miller Starr Regalia on

In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay...more

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit Relies on the Dormant Commerce Clause to Reject Minnesota’s GHG...

by K&L Gates LLP on

Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more

Canadian Government Seeks Input for Innovation Agenda

by Dickinson Wright on

In September 2015 a new government was elected in Canada, on a platform of significant change. Its first budget, tabled last March, outlines its plan for implementation of that change. A significant part of the budget –...more

Environmental Law - May 2016

The Quiet Evolution of Energy Regulation - Public attention to the energy industry over the past decade and more has focused on four issues: (1) the movement from fossil fuels to more emissions-friendly energy sources,...more

Low Carbon Fuel Standard Challenged (Again) in California State Court

by Latham & Watkins LLP on

After a lengthy process of policy review and revision, the California Air Resources Board (ARB) re-adopted the state’s Low Carbon Fuel Standard (LCFS) on September 25, 2015. The LCFS is expected to contribute approximately...more

California Air Resources Board Votes To Re-Adopt Low Carbon Fuel Standard

by Bergeson & Campbell, P.C. on

On September 25, 2015, the California Air Resources Board (CARB) voted to readopt the Low Carbon Fuel Standard (LCFS), and require a ten percent reduction in carbon intensity of transportation fuels by 2020. The LCFS targets...more

Bank Of America Announces $600 Million Green Bond

by Bergeson & Campbell, P.C. on

On May 14, 2015, Bank of America (BoA) announced that it has issued a $600 million bond to fund renewable energy and energy efficiency projects. This is the second time that BoA has offered green energy bonds. In 2013, BoA...more

California Air Resources Board Held A Workshop On The Low Carbon Fuel Standard

by Bergeson & Campbell, P.C. on

On April 3, 2015, the California Air Resources Board (CARB) held a Public Workshop to discuss updates to the California-Modified Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (CA-GREET) Model,...more

Low Carbon Fuel Bill Passed In Oregon Senate

by Bergeson & Campbell, P.C. on

On February 26, 2015, the Oregon State Senate passed Senate Bill 324 (SB 324), a measure that would require fuel producers to reduce the amount of carbon in car and truck fuels....more

California Launches Major Rulemaking to Amend Low Carbon Fuel Standard

by Latham & Watkins LLP on

I. LCFS Readoption - On February 19, 2015, the California Air Resources Board (ARB) will take feedback on proposed regulations implementing the readoption and updating of California’s Low Carbon Fuel Standard (LCFS),...more

Supreme Court Denies Review Of The California LCFS

On June 30, 2014, the U.S. Supreme Court announced that it would not review the constitutionality of the California Low Carbon Fuel Standard (LCFS). This decision is largely viewed as a win for the California Air Resources...more

US Supreme Court Denied Certiorari Regarding the Constitutionality of California's Low Carbon Fuel Standard

by Latham & Watkins LLP on

Today, the US Supreme Court denied certiorari regarding the constitutionality of California’s Low Carbon Fuel Standard (LCFS) in Rocky Mountain Farmers Union v. Corey. ...more

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