CEA Responds to CARB’s Filing to Lift Stay on Low Carbon Fuel Standard in California, Defends Constitution.

CEA Responds to CARB’s Filing to Lift Stay on Low Carbon Fuel Standard in California, Defends Constitution

WASHINGTON, DC – On Friday, the California Air Resources Board (CARB) filed to lift the stay on a low carbon fuel standard (LCFS) in California.  This follows a federal district court finding on December 29th that found an LCFS in California to be unconstitutional.  Specifically the court found that “LCFS discriminates against out-of-state and foreign crude oil while giving an economic advantage to in-state crude oil.” It also found that “the LCFS discriminates against out-of-state corn ethanol and impermissibly controls extraterritorial conduct.” Because the state had failed “to establish that no alternative means exist to address their legitimate concerns of combating global warming,” the LCFS is invalid. The court stayed enforcement of the LCFS pending further judicial review.

On January 5, CARB appealed the ruling and followed up today with a filing to lift the stay on the potential program.

In response to the development, Consumer Energy Alliance (CEA) Executive Vice President Michael Whatley declared:

“CARB’s decision isn’t surprising to us.  They have attempted to subvert the intent of the Constitution at every turn and the courts agree.  No matter whether the stay is lifted or not we will continue to fight this blatant attack on the commerce clause and the ripple effects that CARB’s misguided Low Carbon Fuel Standard will have on farmers, families, truckers and energy consumers around the U.S.”

A copy of the court’s decision can be found here.