In recent LCFS amendments, CARB introduced a new price cap on all LCFS credit transfers and authorized limited future credit borrowing. By Joshua T. Bledsoe, Brian F. McCall, and Kevin A. Homrighausen On November 21, 2019, the California Air Resources Board (CARB) passed Resolution 19-27, approving several amendments to the Low Carbon Fuel Standard (LCFS) … Continue Reading
Search Results for: LCFS
Supreme Court Won’t Hear Challenge to Oregon’s LCFS Program
High Court’s action clears pathway for low-carbon fuel standard programs. By Joshua T. Bledsoe, Kimberly D. Farbota, and Brian F. McCall On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al (O’Keeffe), effectively affirming a US Court of Appeals for the Ninth … Continue Reading
UPDATE: LCFS Standards for Diesel and Diesel Substitutes to Revert to Schedule Specified in LCFS Regulation January 1, 2019
California Air Resources Board lifts freeze on Low Carbon Fuel Standard. By Joshua T. Bledsoe and Kimberly D. Farbota On December 7, 2018, the California Air Resources Board (CARB) issued Regulatory Guidance Document 18-02 which lifts the freeze on Low Carbon Fuel Standard (LCFS) diesel and diesel substitute targets previously enacted by CARB in 2017 … Continue Reading
Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension
Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. Joshua T. Bledsoe, Kimberly D. Farbota In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel Standard (LCFS) and Alternative Diesel Fuels (ADF) regulations which the California Air Resources Board (ARB) adopted … Continue Reading
California Air Resources Board Clarifies 2018 LCFS Targets and POET II Case Approaches Major Milestone
By Joshua Bledsoe and Kimberly Farbota Recent guidance published by the California Air Resources Board (ARB) clarifies the treatment of diesel fuels under the Low Carbon Fuel Standard (LCFS) in light of the Court of Appeals’ May 30, 2017 decision in POET I. Meanwhile, in POET II, ARB recently filed a Motion for Judgment on … Continue Reading
California’s Supreme Court Denies ARB Petition To Review LCFS Case
By Joshua T. Bledsoe and Kimberly Farbota In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017, the Supreme Court of California issued an order: (1) denying California … Continue Reading
Court Reissues LCFS Opinion Per ARB Petition For Reconsideration
By Joshua T. Bledsoe and Max Friedman As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of peremptory mandate (the Writ) requiring ARB to remedy violations … Continue Reading
California Court Rules Against Air Resources Board over LCFS but Preserves 2017 Status Quo
By Joshua T. Bledsoe and Max Friedman In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a recent oral argument before the California Court of Appeal for the … Continue Reading
Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization Strategy
By Joshua T. Bledsoe and Max Friedman Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting regime.[1] Both cases involve challenges by POET, LLC (POET), a South Dakota-based ethanol producer, … Continue Reading
California Air Resources Board Releases Draft Scoping Plan Update (Part 4)
CARB addresses California’s increasingly severe climate impacts. By Joshua T. Bledsoe and Kevin Homrighausen On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment. Assembly Bill 32, the California Global Warming Solutions Act of 2006, requires CARB to develop and … Continue Reading
