Calif. Carbon Fuel Standard Upheld By 9th Circ.

Law360, New York (September 18, 2013, 6:55 PM EDT) -- The Ninth Circuit on Wednesday reversed several key lower court rulings threatening to scuttle California’s Low Carbon Fuel Standard aimed at dramatically reducing greenhouse gas emissions, ordering that a preliminary injunction against it be vacated.

A divided appeals panel held that ethanol provisions in the LCFS were not facially discriminatory and that the standard was not an impermissible extraterritorial regulation. The panel also reversed the lower court’s holding that the standard’s initial provisions concerning crude oil were discriminatory in purpose and effect.

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