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Fresno-based US district court judge, Lawrence O'Neill's written
ruling said the low carbon fuel rules violated the US
Constitution's commerce clause by discriminating against crude oil
and biofuel producers located outside of California.
Out of state fuel producers hailed the decision as a win for
California drivers.
The board plans to ask a judge to stay the ruling and appeal if
necessary to the San Francisco-based 9th US Circuit
Court of Appeals, said spokesman Dave Clegern.
The rule is 'an evenhanded standard that encourages the use of
cleaner low carbon fuels by regulating fuel providers in
California,' said Clegern. He added, 'it does not
discriminate against any fuels on the basis of geography.'
The nonprofit legal organisation, Earthjustice, which was not
party to the suit but works on climate related issues, said the
ruling was a major setback for the state's aggressive greenhouse
gas regulations.
'California is leading the way on cleaner fuels and a cleaner
power grid, and the state's programmes are consistent with federal
law,' said Earthjustice president, Trip Van Noppen. 'It is
not surprising that the oil industry is attacking these programmes,
but like previous attacks in the courts and at the ballot box, we
expect this one ultimately to fail.'
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