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On December 29, 2011, the U.S. District Court for the Eastern
District of California issued several rulings in the federal
lawsuits challenging the Low Carbon Fuel Standard (LCFS). One of
the district court’s rulings preliminarily enjoined the Air
Resources Board (ARB) from enforcing the regulation.  In January
2012, ARB appealed that decision to the Ninth Circuit Court of
Appeals (Ninth Circuit), and then moved to stay the injunction
pending resolution of the appeal.

On April 23, 2012, the Ninth Circuit granted the ARB’s motion for
a stay of the injunction while it continues to consider ARB’s
appeal of the lower court’s decision.
 
We appreciate the Ninth Circuit court’s ruling allowing the LCFS
to move forward pending a final ruling on the appeal. 
Yesterday’s decision allows the ARB to continue implementation
and resume enforcement of this important program to reduce
greenhouse gas emissions, driving the investment and innovation
that creates new jobs and provides the next generation of clean
fuels to all Californians.

The ARB believes that enforcement of the LCFS requirements is
important to the success of the program.  Because the injunction
was in effect when the 2011 fourth quarter reports were due, we
will allow those regulated parties that have not yet submitted
their 2011 fourth quarter reports to submit those reports no
later than April 30, 2012.  This is the same date when the 2011
annual compliance reports are due.

If you have any questions, please contact Floyd Vergara, Chief,
Alternative Fuels Branch, at (916) 322-6312 or
fvergara@arb.ca.gov.

The Low Carbon Fuel Standard, a regulation to reduce the carbon
intensity of fuels sold in California ten percent by 2020, is one
of the measures adopted by the California Air Resources Board
pursuant to Health and Safety Code sections 38500 et seq. (AB 32)
to reduce greenhouse gases in California.  It is designed to help
clean the air, protect the environment, and drive the development
of clean, low-carbon fuels to improve California’s energy
security and energy independence.


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