Supreme Court won’t hear challenge to California carbon rule
June 30, 2014 | 05:18 PM
Ethanol groups expressed disappointment today in the Supreme Court’s announcement that it will not hear a challenge to California’s low-carbon fuel standard, while environmentalists praised it.
In its policy to reduce greenhouse gas emissions, a California state agency had decided to take into account the entire process of creating ethanol and bringing it to market, including growing the corn for it and shipping it to California. That policy said that ethanol produced in the Midwest has a higher “carbon intensity score” than ethanol produced in the West.
Ethanol producers said the policy discriminates against ethanol produced in the Midwest and brought a court case charging that it interfered with interstate commerce.
A U.S. district judge agreed with the challengers, but the U.S. Circuit Court of Appeals for the Ninth Circuit reversed the decision. The challengers brought the case to the Supreme Court, which declined to take up the case.
“We are extremely disappointed that the Supreme Court has declined to review the Ninth Circuit’s decision, despite the broad support for the petition — including 21 states,” the Renewable Fuels Association and Growth Energy said in a joint statement.
“We will continue our efforts to protect the American biofuel industry and the national interest and will continue to ensure that all consumers have access to low-priced, American-made biofuels,” the groups said.
But the Environmental Defense Fund said the decision “is welcome news for the millions of Californians at risk from the clear and present danger of climate change,” the Sacramento Bee reported today.
▪ The Sacramento Bee — California low-carbon rule survives big legal challenge
In its policy to reduce greenhouse gas emissions, a California state agency had decided to take into account the entire process of creating ethanol and bringing it to market, including growing the corn for it and shipping it to California. That policy said that ethanol produced in the Midwest has a higher “carbon intensity score” than ethanol produced in the West.
Ethanol producers said the policy discriminates against ethanol produced in the Midwest and brought a court case charging that it interfered with interstate commerce.
A U.S. district judge agreed with the challengers, but the U.S. Circuit Court of Appeals for the Ninth Circuit reversed the decision. The challengers brought the case to the Supreme Court, which declined to take up the case.
“We are extremely disappointed that the Supreme Court has declined to review the Ninth Circuit’s decision, despite the broad support for the petition — including 21 states,” the Renewable Fuels Association and Growth Energy said in a joint statement.
“We will continue our efforts to protect the American biofuel industry and the national interest and will continue to ensure that all consumers have access to low-priced, American-made biofuels,” the groups said.
But the Environmental Defense Fund said the decision “is welcome news for the millions of Californians at risk from the clear and present danger of climate change,” the Sacramento Bee reported today.
▪ The Sacramento Bee — California low-carbon rule survives big legal challenge
