WASHINGTON ? Two ethanol industry trade groups, The Renewable Fuels Association and Growth Energy, have filed a federal lawsuit alleging the California Low Carbon Fuel Standard to reduce the carbon content of fuels in that state is unconstitutional and should be struck down, The Hill reports.
The groups argue that California?s law, which seeks a 10 percent decrease in the carbon content of motor fuels sold in California by 2020, conflicts with a 2007 federal energy law that requires the use of 36 billion gallons of renewable fuels in the nation?s fuel mix by 2022.
The 2007 law created first-time greenhouse gas limits on renewable fuels. But, unlike the California policy, it exempted ethanol from plants in operation when the law passed.
The lawsuit claims the LCFS ?interferes with and frustrates? the federal energy law because it would effectively exclude the trade groups? members from selling fuels in California.
?State regulations such as the LCFS cannot prohibit or limit the sale of ethanol products based on the level of GHG emissions purportedly attributed to them when Congress has specifically foreclosed limitations on the sale of the same ethanol products based on GHG emissions,? states the lawsuit, which was filed in a Fresno district court.
A spokesperson for the California Air Resources Board said the suit lacks merit. �
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