Vermont joins with California in low carbon fuel standard court fight
Vermont, along with six other states, filed an amicus “friend of the court” brief Friday with the United States Court of Appeals for the Ninth Circuit supporting California’s appeal of a federal district court’s rulings invalidating its low carbon fuel standard. California adopted its low carbon fuel standard (LCFS) for transportation fuels as a key part of its strategy to reduce greenhouse gas emissions that contribute to climate change.
“Climate change threatens the health, safety and welfare of our citizens,” said Attorney General William H. Sorrell. “The federal government has been slow to take action on climate change. Vermont needs to have the ability to adopt a low carbon fuel standard as one of its tools to confront climate change.” Vermont is one of several New England and Mid-Atlantic states working on developing a regional low carbon fuel standard, similar to California’s.
In Rocky Mountain Farmers Union v. Goldstene, 09-2234, the United States District Court for the Eastern District of California (Fresno) ruled that California’s LCFS impermissibly regulates interstate commerce and issued a preliminary injunction blocking California’s enforcement of the standard. In the brief filed today with the Ninth Circuit, Vermont, New York, Massachusetts, Rhode Island, Maryland, Oregon and Washington agree with California that the court’s analysis is flawed and its rulings should be reversed.
Vermont Attorney General, June 15, 2012