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California Environmental Quality Act Low Carbon Fuel Standard

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Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard

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Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more

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Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension

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Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel...more

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California Air Resources Board Clarifies 2018 LCFS Targets and POET II Case Approaches Major Milestone

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Recent guidance published by the California Air Resources Board (ARB) clarifies the treatment of diesel fuels under the Low Carbon Fuel Standard (LCFS) in light of the Court of Appeals’ May 30, 2017 decision in POET I....more

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California’s Supreme Court Denies ARB Petition To Review LCFS Case

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In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

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Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

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Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

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Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

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As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

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Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

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In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

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CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

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In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more

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California Court Chastises Air Resources Board over LCFS but Preserves 2017 Status Quo

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In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a...more

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California State Court Poised to Destabilize Low Carbon Fuel Standard

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Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more

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Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization...

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Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting regime. ...more

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First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental...

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In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay...more

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Low Carbon Fuel Standard Challenged (Again) in California State Court

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After a lengthy process of policy review and revision, the California Air Resources Board (ARB) re-adopted the state’s Low Carbon Fuel Standard (LCFS) on September 25, 2015. The LCFS is expected to contribute approximately...more

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