Court ruling leaves California LCFS in place

By Staff | August 20, 2013

In July, California’s Fifth District Court of Appeal issued its opinion in the lawsuit filed by Poet LLC against the California Air Resource Board in regard to its implementation of the state’s low carbon fuel standard (LCFS) program.

The court’s decision essentially upholds the LCFS program, but requires CARB to correct certain aspects of its implementation. Under the ruling, the LCFS regulations in effect for 2013 will remain in effect until CARB completes the corrective actions specified by the court.

Among the roughly half-dozen corrective actions named by the court is a requirement for CARB to accept public comments for a 45-day period for all issues related to the approval of several proposed LCFS regulations, including those associated with carbon intensity values attributed to land use changes. The board is also required to include four emails from consultants regarding the computer model used to calculate indirect carbon emissions in the rulemaking file. Those emails were previously left out of the file.