No Discrimination Against Out-Of-Calif. Oil Producers
October 17, 2013, 4:01 PM EDT
Law360, New York (October 17, 2013, 4:01 PM EDT) -- On Sept. 18, 2013, the Ninth Circuit issued a ruling that may have significant consequences for oil and ethanol producers all across the globe. In Rocky Mountain Farmers Union v. Corey, No. 12-15131 (9th Cir. Sep. 18, 2013), the court vacated a lower-court injunction against application of a California regulation that establishes caps on average carbon intensities of transportation fuels consumed in California.
The regulation's "carbon intensity ratings" are based, in significant part, on calculations of emissions occurring during the production and transportation of the fuels...