California AG Filed Brief in Defense of California’s Low Carbon Fuel Standard

MARCH 23, 2018

California Attorney General Xavier Becerra filed a brief in defense of California’s Low Carbon Fuel Standard (LCFS), which supports the use of lower-carbon alternative fuels in the state, against a challenge brought by industry groups. In the brief, AG Becerra argued that the plaintiffs’ claims were without merit because the issues raised by the litigation had already been decided in California’s favor in Rocky Mountain Farmers Union v. Corey. In that case, the U.S. Court of Appeals for the Ninth Circuit ruled that an earlier version of California’s LCFS did not unconstitutionally regulate textraterritorially because it only regulated average carbon intensity of fuels sold in California, and did not unconstitutionally discriminate against out-of-state fuels.