Growth Energy Responds to Approval of LCFS by California Office of Administrative Law

WASHINGTON, DC — Today, Growth Energy responded to the decision of the California Office of Administrative Law to approve the Low Carbon Fuel Standard (LCFS) for implementation.

“Growth Energy is disappointed by the approval of the LCFS for implementation and the failure of the Office of Administrative Law to uphold California Law and the U.S. Constitution,” said Tom Buis, Growth Energy CEO. At a minimum, OAL should have sent the flawed regulation back to CARB, with direction they start over. As written, CARB is depriving Californians of the one low carbon, sustainable fuel available right now as an alternative to oil – and that is ethanol.”

In November, Growth Energy issued a letter to CARB calling on them to reopen the public comment period and allow comment on all documents received by CARB in connection with the LCFS as mandated by the Administrative Procedure Act. These include documents commenting on detailed environmental analyses of the LCFS developed by other corn ethanol stakeholders, including the Renewable Fuels Association and the New Fuels Alliance.

On December 24, 2009, Growth Energy, the Renewable Fuels Association, and others filed suit in federal district court in Fresno, California, challenging the LCFS on the grounds it violates both the Supremacy and Commerce Clause of the U.S. Constitution.

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About Growth Energy

Growth Energy is a group committed to the promise of agriculture and growing America’s economy through cleaner, greener energy. Growth Energy members recognize America needs a new ethanol approach. Through smart policy reform and a proactive grassroots campaign, Growth energy promotes reducing greenhouse gas emissions, expanding the use of ethanol in gasoline, decreasing our dependence on foreign oil, and creating American jobs at home. More information can be found at