California’s Supreme Court Denies ARB Petition To Review LCFS Case
By Joshua T. Bledsoe and Kimberly Farbota (Latham’s Clean Energy Law Report) 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, the Supreme Court of California issued an order: (1) denying California Air Resources Board (ARB)’s petition for review of the appellate decision in POET I; (2) denying ARB’s request for an order directing depublication of the associated opinion; and (3) remitting the case to the Fresno County Superior Court.
ARB is now required to conduct a CEQA-compliant analysis of the LCFS program’s impact on nitrogen oxide (NOx) emissions, as directed by the Court of Appeal. It remains unclear whether this analysis will be integrated into ARB’s planned 2018 rulemaking to increase the LCFS’s carbon intensity reductions and extend the Program to 2030, or will be processed separately. With POET I presumably resolved, judicial review of the LCFS program is now focused squarely on POET II, where petitioner POET, LLC has challenged the LCFS and Alternative Diesel Standard (ADF) regulations adopted by ARB in 2015. As indicated in our prior post and as argued by ARB in prior filings, the Court of Appeal’s May 30, 2017 opinion has the potential to influence the outcome of POET II. With the case already fully briefed, a hearing on the merits in the POET II case has been scheduled in Fresno County Superior Court for December 21, 2017. READ MORE