Court upholds California’s low carbon fuel standards

September 19, 2013

lawA federal appellate court ruled Wednesday that California regulators can impose low carbon fuel standards on wholesalers and refineries in order to reduce greenhouse gas emissions. [LA Times]

AB 32, California’s Global Warming Solutions Act, requires producers, refiners and importers of gasoline and diesel to reduce the carbon footprint of their fuel by 10 percent over the next decade. The requirement is part of the law’s overall goal of reducing statewide greenhouse gas emissions to 1990 levels by 2020.

Out-of-state refiners and ethanol companies sued California over AB 32, claiming that the fuel regulations violated the commerce clause of the U.S. Constitution. The fuel companies argued that the law imposed limits on interstate commerce by creating an unfair burden on out-of-state firms and making them less competitive with in-state producers.

But, the U.S. 9th Circuit Court of Appeals disagreed, ruling 2 to 1 to allow California Air Resources Board regulators to begin implementing the law and punishing fuel wholesalers and refineries that do not comply.

“California should be encouraged to continue and to expand its effort to find a workable solution to lower carbon emissions, or to slow their rise,” wrote Judge Ronald Gould. “If no such solution is found, California residents and people worldwide will suffer great harm. We will not at the outset block California from developing the innovative, nondiscriminatory regulation to impede global warming.”

 


16 Comments

    • Word says:

      Proof? What you smoking?

      If that is proof of something, it is that people beleve things with no proof or foundation in current science.

      Like or Dislike: Thumb up 0 Thumb down 1

    • zaphod says:

      Statement by Former Vice President Gore on Today’s Report from the Intergovernmental Panel on Climate Change September 27, 2013 : 5:58 AM

      Al Gore said
      The latest report by the Intergovernmental Panel on Climate Change is an important milestone in the study of climate science. It reaffirms the overwhelming consensus that global warming is occurring and is caused by humans. I commend the authors of this important study on their dedication and hard work.
      The climate crisis is the greatest challenge humanity has ever faced. From not only the warming of the earth with higher global temperatures, but also from strengthening storms and expanding droughts to melting ice and rising seas, the costs of carbon pollution are already being felt by governments, corporations, taxpayers and families around the world. The climate crisis will affect everything that we love and alter the course of our future.
      Now, more than ever, we must come together to solve this global crisis. We must act decisively, rise to the occasion and solve this monumental challenge.
      It is time — indeed overdue — to put an economic price on carbon and a political price on denial.

      Like or Dislike: Thumb up 0 Thumb down 0

  1. Myself says:

    The air resorce board is a perfect example of an agency run amock, no one on there is elected,all are appointed or hired depending on how hard they lie or rub elbows with the public servent in control, and THEY have the power to fine at will fro what ever trumped up charge they can, when all the rules are in place they’ll turn the oversight over to the local apcd,and they have the right to fine at will for what ever trumped up reason they can,just recently they tried to get a permit fee for a piece of equipment that was moveable but yet these hacks called it non moveable and wanted money for a permit, now mind you this piece of equipment does not require a permit for any reason yet the apcd wants money,O the local apcd isn’t elected either and most all the scabs that work there are over 100,000 $ a year

    Like or Dislike: Thumb up 5 Thumb down 0

  2. Rambunctious says:

    Like or Dislike: Thumb up 5 Thumb down 0

  3. godislanguage says:

    but, but, but wait a minute Judge Ronald Gould…..what about the expanding ice cap??????

    http://www.naturalnews.com/041981_global_warming_computer_models_cooling.html

    Oh the humanity!!!!

    Like or Dislike: Thumb up 5 Thumb down 1

  4. Mr. Holly says:

    In the end AB 32 will bring California to its knees. Every aspect of the law has a cost related to it. Eventually the expense of AB 32 will drive many businesses out of California, it’s already happening. And then those who are the supporters of government, we the tax payers, will finally come to terms that California can’t save the world and the expense of trying to has reached a point where it’s time to abandoned ship, which is also happening with those that are at retirement age.
    I believe in a clean environment and try to do my part with conservation as I think most people do. But I do get concerned as government is trying to dictate my life by enacting these local laws that will not affect the global problem but only deplete my pocket book for special interest groups.

    Like or Dislike: Thumb up 19 Thumb down 4

    • SLOBIRD says:

      I just read an article where California is investing in new technology companies in the Bay area with tax credits, handouts, etc. and so far the majority as soon as they become successful and have to start paying California fees and taxes are moving to Texas. Now, that was a real shocker, not! Take California money for startup and as soon as they are successful, gone…

      Like or Dislike: Thumb up 4 Thumb down 0

  5. r0y says:

    Not to worry, it’s the 9th Circus Court. The most over-turned court in the history of law.

    Like or Dislike: Thumb up 18 Thumb down 2

Leave a Comment