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California ARB files motion for stay of injunction on LCFS with Appeals Court
12 February 2012
On Friday, attorneys for the California Air Resources Board (ARB) filed a 648-page motion (Docket #12-15131 and #12-15135) with the US Ninth District Court of Appeals to stay the current District Court injunction on the enforcement of the Low Carbon Fuel Standard (earlier post) while ARB appeals the original ruling.
On 29 December 2011, Judge Lawrence O’Neill of the US District Court for the Eastern District of California issued three separate rulings in a set of federal lawsuits challenging the Low Carbon Fuel Standard (LCFS) (Rocky Mountain Farmers Union et al v. Goldstene). One of the court’s rulings preliminarily enjoins the California Air Resources Board (ARB) from enforcing the LCFS regulation during the pendency of the litigation.
In January, the ARB legal team had earlier filed a motion filed with Judge O’Neill’s court to stay the injunction while the appeal proceeded. In an order issued 23 January, US District Court Judge Lawrence O’Neill denied that motion. (Earlier post.)
February 12, 2012 in Brief | Permalink | Comments (0) | TrackBack (0)
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