Posted March 24, 2014
Ethanol groups recently petitioned the U.S. Supreme
Court, asking the Court to determine whether California’s low-carbon fuel
standard (LCFS) violates the dormant commerce clause of the U.S. Constitution,
according to an article by Bloomberg BNA available here.
The Renewable Fuels Association (RFS) and Growth Energy
filed the petition on March 20, challenging the Ninth Circuit Court of Appeals
decision in Rocky Mountain Farmers Union
v. Corey. The petition is available here. The Ninth Circuit found that the LCFS does
not discriminate against out-of-state commerce and is not an extraterritorial
regulation.
The plaintiffs argue that “California, through adoption
of the LCFS, has violated the most basic structural features of interstate
federalism,” the groups said in a March 20 written statement announcing the
filing. The groups continued, “LCFS not
only discriminates against out-of-state commerce, but it seeks to regulate conduct
in other States in direct contravention of our constitutional structures and at
the direct expense of Midwestern farmers and ethanol producers.” A joint statement is available here.
Under the LCFS, state regulators assess different fuels
– “from gasoline to ethanol made from corn, sugar or cellulosic materials – and
assign each a carbon intensity “score,” according to an Agri-Pulse article available
here.
Carbon intensity is measured “from the well to the
wheel,” measuring the entire life cycle of the fuel. The purpose of the LCFS is to “push the oil
industry to invest in new technology and cleaner fuels like electricity,
biofuels, hydrogen and natural gas.”
For more information on renewable energy, please visit
the National Agricultural Law Center’s website here.
