US Court of Appeals expedites California Low Carbon case, lifts stay

In California, 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).  In the meantime, the Court stayed an injunction against enforcing the 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.