California Wins Low Carbon Fuels Appellate Court Ruling
State can now enforce important clean fuels program; ruling is positive signal that standard has a strong legal foundation
(San Francisco, CA – April 23, 2012) Today, the 9th Circuit Court of Appeals granted an important stay motion in favor of California and its Low Carbon Fuel Standard (LCFS), allowing the state to move forward with vital protections for human health and the environment that will also strengthen California’s clean energy economy.
By granting the state’s motion, the Court of Appeals lifted a lower court’s injunction provisionally banning enforcement of the standard on the grounds that the regulation violates the Commerce Clause of the United States Constitution.
“This is good news for the people of California who are working together to strengthen our clean energy economy and power our transportation sector with cleaner, less harmful fuels,” said Tim O’Connor. “Today’s decision is an important step forward in California’s efforts to reduce carbon pollution and drive innovation in cleaner sources of energy.”
California’s LCFS is a scientifically-based standard that was carefully designed to cut climate change pollution, protect and improve public health and drive innovation that delivers economic benefits. These are among the reasons why EDF joined California and three other environmental organizations to appeal the lower court’s decision. Though the Court of Appeals has yet to hear the case on the merits, today’s ruling is a positive signal that the state’s clean fuels program has a strong legal foundation.
Without a federal policy in place to regulate the carbon pollution in fuels, it is critically important that California and other states have the ability to carry out smart, science-based policies such as the LCFS to cut pollution, reward innovation, and build a stronger, more efficient economy.
Environmental Defense Fund (edf.org) is a leading national nonprofit organization that creates transformational solutions to the most serious environmental problems. EDF links science, economics, law and innovative private-sector partnerships. Visit us on Twitter at @EnvDefenseFund and @EDF_CA, at our California blog, California Dream 2.0, and on Facebook at Facebook.com/EnvDefenseFund.