Third suit filed against California’s Low Carbon Fuel Standard on constitutional grounds

Biofuels Digest
February 12, 2010 Jim Lane

In Washington, the National Petrochemical & Refiners Association has joined the American Trucking Association and other groups in a third bid to overthrow the California low-carbon fuel standard on constitutional grounds. The most prominent suit to date had been filed by Growth Energy, suggesting that the LCFS violates the supremacy clause of the Constitution.

The NPRA suit alleges that the LCFS will simply mean that the fuel, mandated under the Renewable Fuel Standard, will be used elsewhere, instead of California, and by requiring more transportation it will increase the greenhouse gas emissions it seeks to reduce. California Air Resources Board chairwoman Mary Nichols called the lawsuit “shameful”.

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