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arbcombo -- State Court of Appeal Leaves Low Carbon Fuel Standard in Place

Posted: 12 Aug 2013 16:34:20
On July 15, 2013, the State of California Court of Appeal, Fifth
Appellate District issued its opinion in POET, LLC v. California
Air Resources Board (July 15, 2013) 217 Cal.App.4th 1214, ---
Cal.Rptr.3d ----, 2013 WL 3821605 (Cal.App. 5 Dist.), 2013 Daily
Journal D.A.R. 9223. The Court held that the Low Carbon Fuel
Standard (LCFS) would remain in effect and that the Air Resources
Board (ARB or Board) can continue to implement and enforce the
2013 regulatory standards while it corrects certain aspects of
the procedures by which the LCFS was originally adopted.
Accordingly, ARB staff is continuing to implement and enforce the
LCFS while addressing the Courtís concerns.

ARB staff had planned to propose amendments to the LCFS
regulation in October 2013; instead, we will be proposing for our
Boardís consideration in 2014 a consolidated regulation package
that responds to the Courtís decision and contains additional
amendments that staff considers important for the continued
success of the LCFS program. Meanwhile, the 2013 LCFS standards,
which represent a 1.0 percent decrease in carbon intensity from
the 2010 baseline values for gasoline and diesel, will remain in
effect through 2014.

If you have any questions, please contact Mike Waugh, Chief,
Transportation Fuels Branch, at (916) 322-8263 or
mwaugh@arb.ca.gov, or Floyd Vergara, Chief, Alternative Fuels
Branch, at (916) 327-5986 or fvergara@arb.ca.gov.

The Low Carbon Fuel Standard, a regulation to reduce the carbon
intensity of transportation fuels sold in California ten percent
by 2020, is one of the measures adopted by ARB pursuant to Health
and Safety Code Sections 38500-38599 (AB 32, Statutes of 2006,
Chapter 488) to help reduce greenhouse gases in California. The
LCFS 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. Additional
information on the LCFS can be found at
http://www.arb.ca.gov/fuels/lcfs/lcfs.htm.

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