Joint Statement on Ninth U.S. Circuit Court of Appeals’ California LCFS Rehearing Denial

Washington, D.C. – Today in response the Ninth U.S. Circuit Court of Appeals’ denial of rehearing en banc in the litigation regarding California’s Low Carbon Fuel Standard (LCFS), Growth Energy and the Renewable Fuels Association (RFA) issued the following statement:

“Today’s decision by the Court of Appeals to allow a clearly discriminatory LCFS to stand is a blow to California consumers.  We will continue to evaluate all our options moving forward to assure that sound science and fair play ultimately prevail in this case.  We are heartened that seven judges strongly dissented from the Court’s decision believing it merited further review, citing:

‘The majority opinion in this case upholds a regulatory scheme that, on its face, promotes California industry at the expense of out-of-state interests. The majority opinion also sanctions California’s clear attempt to project its authority into other states. Because the Constitution forbids such an expansive and discriminatory exercise of state power over interstate commerce, I respectfully dissent from our failure to rehear this case.’”

About Growth Energy
Growth Energy represents the producers and supporters of ethanol who feed the world and fuel America in ways that achieve energy independence, improve economic well-being and create a healthier environment for all Americans now. For more information, please visit us at, follow us on Twitter @GrowthEnergy or connect with us on Facebook.

About the Renewable Fuels Association
The RFA is the national trade association for the U.S. ethanol industry. Since 1981, the RFA serves as the voice of the ethanol industry, providing advocacy, authoritative analysis, and important industry data to its members, Congress, federal and state government agencies, strategic partners, the media and other opinion-leader audiences. For more information visit