Nebraska and 6 other states file brief opposing enforcement of California LCFS
13 March 2012
The states of Nebraska, Iowa, Kansas, Michigan, Missouri, North Dakota, and South Dakota filed an amicus brief in the Ninth Circuit Court of Appeals opposing enforcement of California’s Low Carbon Fuel Standard (LCFS). In December 2011, the Eastern District of California found the regulation violated the dormant commerce clause of the US Constitution by discriminating against out-of-state ethanol, and against out-of-state and foreign crude oil while giving an economic advantage to California crude oil. (Earlier post.)
This regulation directly threatens $1.3 Billion in ethanol sales from Nebraska alone, and untold billions across the Midwest. We will continue to fight California’s unconstitutional attempt to limit fuel markets by discriminating against Nebraska corn and ethanol producers.
—Nebraska Attorney General Jon Bruning
California’s LCFS mandates annual reductions in the carbon intensity for gasoline and other transportation fuels sold in California. The regulation assigns higher carbon intensity scores to corn ethanol produced in Nebraska and other Midwestern states compared to ethanol produced in California, the states are arguing.
In January 2012, California appealed and requested a stay of the district court’s decision at the Ninth Circuit Court of Appeals. If granted, the stay by the Ninth Circuit Court of Appeals would allow California to continue enforcement of the regulation pending appeal. The 7 states are opposing the stay.
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