Court: California Low Carbon Fuel Standard Regulations Violate CEQA

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Stoel Rives attorneys Kristen CastaƱos and Carissa Beecham explain in Biofuels Digest a recent California Appeals Court decision that found that Low Carbon Fuel Standard ("LCFS") regulations adopted by the Air Resources Board (ARB) violated the California Environmental Quality Act (CEQA). The LCFS regulations were adopted by ARB to reduce emissions from transportation and implement measures to achieve the goals of the California Global Warming Solutions Act of 2006 ( "AB 32"). In enacting the regulations, ARB was required to comply with AB 32, California's Administrative Procedures Act ("APA") and CEQA.

In their remarks, they note that the Court in POET, LLC v. California Air Resources Board found that ARB violated CEQA by: (1) prematurely approving the LCFS regulations before completing the necessary environmental review, (2) splitting the authority for project approval from responsibility for completing environmental review, and (3) improperly deferring formulation of mitigation measures. The Court allowed ARB to continue to enforce the LCFS regulation for the time being, but also prohibited ARB from ramping up enforcement of the LCFS regulation beyond the current 2013 levels until it fully satisfies its legal obligations under CEQA and the APA.

Read the full article on the Biofuels Digest website

"US Court of appeals knocks back California Low Carbon Fuel Standard in POET suit" was published by Biofuels Digest, July 18, 2013.

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