Judge tosses California low-carbon rules

Des Moines Register
2:08 PM, Jan 3, 2012 by Philip Brasher

A federal judge is blocking California from imposing a low carbon fuel standard that would make it difficult for Midwest ethanol producers to sell their corn-based biofuel there. U.S. District Judge Lawrence O’Neill of Fresno said the state rules are unconstitutional because they would discriminate against oil companies and biofuel producers outside the state.

The state air resources board said today it would appeal the decision. “The low carbon fuel standard is an evenhanded standard that encourages the use of cleaner low-carbon fuels by regulation fuel providers in California,” said board spokesman Stanley Young. “It does not discriminate against any fuels on the basis of geography.” He said the board will seek a stay in O’Neill’s preliminary injunction.

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