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Ethanol groups seek Supreme Court review of LCFS

Unable to convince various lower courts that California’s low-carbon fuel standard (LCFS) is unconstitutional, two leading ethanol groups are taking their fight to the nation’s highest court.

The Renewable Fuels Association and Growth Energy are asking the U.S. Supreme Court to make a final determination on whether California’s law violates the Interstate Commerce clause of the U.S. Constitution.   The groups say that California, by its own admission, is using the LCFS as a way to regulate greenhouse gas emissions occurring in other states—and that by doing so it is punishing industrial and agricultural activity taking place outside California, including Midwest ethanol producers.  They argue that the Constitution denies states such authority.