US Court of Appeals overturns injunction on enforcement of California Low Carbon Fuel Standard

24 April 2012

The Ninth Circuit US Court of Appeals has issued a stay overturning an injunction blocking enforcement of the Low Carbon Fuel Standard. (Earlier post.) The decision allows the California Air Resources Board (ARB) to continue implementation and resume enforcement of the LCFS.

The court also consolidated the two cases that are the basis for the original ruling and the appeal (Nºs 12-15131 and 12-15135).

The consolidated opening brief and excerpts of record are due 25 May 2012; the answering briefs are due 25 June 2012; and the optional consolidated reply brief is due within 14 days after service of the answering brief.

In the original cases, US District Court Judge Lawrence O’Neill made three findings:

• That the LCFS regulation is not exempt from Commerce Clause scrutiny;

• That the LCFS violates the Commerce Clause in its treatment of ethanol; and

• That the LCFS violates the Commerce Clause in its treatment of crude oils.

Judge O’Neill ordered an injunction enjoining ARB from enforcing the LCFS. This is now overturned.