A Crude Move Against Calif. Low Carbon Fuel Standard
February 2, 2012, 2:19 PM EST
Law360, New York (February 2, 2012, 2:19 PM EST) -- In a decision likely to reverberate well beyond California, a federal district court has struck down the California low carbon fuel standard (LCFS) as prohibited by the federal Commerce Clause. Rocky Mountain Farmers Union v. Goldstein, E.D. Cal. No. CV-F-09-2234 LJO DLB (Orders on Summary Judgment issued December 29, 2011).
The court found that “the LCFS discriminates against out-of-state and foreign crude oil while giving an economic advantage to in-state crude oil.” It also found that “the LCFS discriminates against out-of-state corn ethanol and impermissibly controls...