Jump to Navigation
Jump to Content

American Fuels & Petrochemical Manufacturers Ass'n v. Corey

ELR Citation: 45 ELR 20154
Nos. 1:09-cv-2234, (E.D. Cal., 08/13/2015) (O'Neill)

A district court largely dismissed claims challenging California's Low Carbon Fuel Standard, a collection of regulations promulgated by the California Air Resources Board to implement provisions of California Assembly Bill 32, the Global Warming Solutions Act of 2006. In September 2013, the Ninth Circuit rejected fuel and ethanol producers' claims that the standards discriminated against out-of-state refiners in violation of the Commerce Clause. Crude oil and ethanol producers filed new complaints about amended versions of the standards. The district court, however, dismissed the majority of those claims because they had already been resolved by the Ninth Circuit. In addition, although the crude oil provisions of the amended standards operate differently than those of the original standards, the crude oil producers alleged no facts and provided no argument to support a finding that the amended standards operate differently with regard to extraterritoriality. But the court denied motions to dismiss claims that the standards discriminate against ethanol producers.