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9th Circuit Court of Appeals Lifts Stay to allow CARB to Continue Implementing LCFS


In Rocky Mountain Farmers Union v. Goldstene (Case no. CV-F-09-2234), the U.S. District Court for the Eastern District granted summary judgment in favor of a group of farming and oil-industry plaintiffs, finding that the Low Carbon Fuel Standard (“LCFS”) regulations promulgated by the California Air Resources Board (“CARB”) to implement provisions of California Assembly Bill 32 (“AB 32”) violate the Commerce Clause of the U.S. Constitution.  One of the district court’s rulings preliminarily enjoined the CARB from enforcing the regulation. CARB appealed the district court’s ruling to the 9th Circuit Court of Appeal (case no. 12-15131).

On April 23, 2012, the Ninth Circuit granted CARB’s motion for a stay of the injunction while the 9th Circuit continues to consider CARB’s appeal of the lower court’s decision. CARB’s press release regarding the 9th Circuit’s preliminary holding is available at: http://www.arb.ca.gov/fuels/lcfs/LCFS_Stay_Granted.pdf.  (A copy of the  Order is attached here.)

Written By: Tina Thomas and Chris Butcher
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For questions relating to this blog post or any other California land use, environmental and/or planning issues contact Thomas Law Group at (916) 287-9292.

The information presented in this article should not be construed to be formal legal advice by Thomas Law Group, nor the formation of a lawyer/client relationship. Readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

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dateApril 25th, 2012byby


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