US appeals court won’t allow rehearing of California LCFS lawsuit

A federal appeals court in California refused to accept a petition to rehear a challenge to the state’s low-carbon fuel standard (LCFS), which three of the court’s judges dismissed last year. The ruling could be appealed to the US Supreme Court.

A majority of the 9th US Circuit Court of Appeals said it would not let the case, in which ethanol producers and the American Fuel & Petrochemical Manufacturers argued the requirements discriminate against out-of-state ethanol producers, be argued before a larger panel of judges.

“Although the LCFS clearly discriminates against fuels produced in other states and violates the Commerce Clause of the US Constitution, the 9th Circuit chose to deny our petition and uphold this biased law,” AFPM General Counsel Richard Moskowitz said in response to the court’s Jan. 22 denial of rehearing.

“The broad reach and intended scope of the California LCFS mean that the 9th Circuit’s decision will have adverse consequences throughout the nation’s fuel supply chain far beyond California’s borders, and ultimately a negative impact on consumers,” he continued.

“AFPM agrees with the seven dissenting judges who would have granted further review because the original decision ‘contravenes black letter law’ and is ‘inconsistent with Supreme Court precedent,’” Moskowitz said. The trade association will evaluate options regarding further court proceedings in coming weeks, he added.

Contact Nick Snow at nicks@pennwell.com.

Related Articles

DOE approves LNG exports to non-FTA countries from Oregon project

03/24/2014 The US Department of Energy conditionally approved Jordan Cove Energy Project LP’s application to export LNG through its proposed terminal on Orego...

MARKET WATCH: Front-month crude oil contract closes up, gas down on week

03/24/2014

The front-month crude oil contract ended the week higher Mar. 21 while natural gas futures prices edged slightly lower.

HSC remains closed, fuel cleanup continues after barge collision

03/24/2014 The Houston Ship Channel (HSC) remained closed to unauthorized vessels Mar. 24 as the result of a temporary emergency safety zone being established...

Judge bars Anadarko e-mails as evidence in Macondo blowout hearing

03/21/2014 A federal district judge in New Orleans refused to accept e-mails between Anadarko Petroleum Corp. and BP PLC as evidence in a hearing to determine...

Careers at TOTAL

Careers at TOTAL - Videos

More than 600 job openings are now online, watch videos and learn more!

 

Click Here to Watch

Other Oil & Gas Industry Jobs

Search More Job Listings >>
Stay Connected