Law360, New York (July 16, 2013, 5:34 PM EDT) -- A California appeals court on Monday overturned a regulation implementing the state's low carbon fuel standards, ruling that the California Air Resources Board had not followed statutorily required procedure when implementing the rule, but allowed the current LCFS to stay in place until the regulation is amended.
In a partially published opinion, the California Court of Appeal for the Fifth Appellate District overturned a lower court's decision upholding CARB's LCFS regulation, ruling that in the board's haste to implement the standard by a statutory deadline, it had failed to fully comply with California's Administrative Procedure Act and Environmental Quality Act....
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