The ethanol industry, represented by the Renewable Fuels Association (RFS) and Growth Energy, have petitioned the U.S. Supreme Court to rule on the constitutionality of California’s Low Carbon Fuel Standards (LCFS). 

The organizations said, “California, through adoption of the LCFS, has violated the most basic, structural features of interstate federalism. LCFS not only discriminates against out-of-state commerce, but it seeks to regulate conduct in other states in direct contravention of our constitutional structure and at the direct expense of Midwestern farmers and ethanol producers.” 

The California clean-fuel regulations were established in 2007 as a way to reduce the “carbon intensity” of transportation fuels (diesel and gasoline) by at least 10 percent by 2020.

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