Yesterday, the U.S. Court of Appeals for the 9th Circuit issued an order expediting briefing in the California Air Resources Board’s appeal of a Federal District Court decision invalidating the state’s Low Carbon Fuel Standard (LCFS). On December 29, 2011, the District Court issued an injunction to prevent CARB’s enforcement of the LCFS, having found the LCFS unconstitutional in its regulation of commerce outside the state and discrimination against fuel produced outside California.
The Court of Appeals also stayed the District Court’s decision and the injunction until the Court of Appeals can fully review the District Court’s December 2011 decision. Briefing will be completed by early Summer. The ethanol industry plaintiffs look forward to fully briefing the issues before the Court of Appeals on the expedited schedule that the Court has issued.