California won an appeal this week that will allow it to impose a cap on carbon emissions in fuel sold in the state.
The California Air Resources Board (CARB) adopted the Low Carbon Fuel Standard (LCFS) to cut carbon in transportation fuels sold in California. The standard, implemented by Executive Order S-1-07 in 2007, took effect in 2011, and imposed a 10 per cent cut in fuel carbon emissions by 2020, using a 2010 baseline.
The LCFS considers the entire lifecycle of a fuel, including emissions created during production and transportation, which drew a lawsuit from organisations including the Rocky Mountains Farmers Union, corn and soy bean growers, and the American Fuel and Petrochemical Manufacturers Association.
The lawsuit argued that the standard discriminated against their fuels, because of the extra emissions they incurred to get it into the state. It also interfered with interstate trade, breaking existing laws, they said. In 2011, a district court agreed, but this week, the appeals court overturned that decision.
"We will not at the outset block California from developing this innovative, non-discriminatory regulation to impede global warming," said Judge Ronald M Gould in his decision. "If the Fuel Standard works, encouraging the development of alternative fuels by those who would like to reach the California market, it will help ease California's climate risks and inform other states as they attempt to confront similar challenges."
The ruling enables the State to continue with its implementation of the standard, following the suspension of the district court's injunction in April 2012 while the appeal took place.
Representatives from the Natural Resources Defense Council (NRDC) said that the decision would guarantee Californians "better, cleaner choices at the fuel pump".
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