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California LCFS Ruled Unconstitutional


Date: January 4, 2012 at 8:17 AM

A federal judge has ruled to block California’s Low Carbon Fuel Standard, arguing that it “unconstitutionally discriminates against out-of-state producers and tries to regulate activities that take place entirely outside state boundaries.” The standard “impermissibly treads into the province and powers of our federal government, reaches beyond its boundaries to regulate activity wholly outside of its borders,” the judge said. [The New York Times] The standard would function by using life-cycle analysis to identify the CO2 intensity of fuels. Fuel-makers whose products have lower CO2 intensity would be rewarded with tradable credits. Those selling higher CO2 fuels would have to… [more]

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