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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