Judge blocks Calfornia's low-carbon fuel rule, raising questions in Oregon
By Christina Williams
Sustainable Business Oregon editor
California's low-carbon fuel standard, designed to decrease greenhouse gas emissions, was struck down in federal court this week.
A federal judge on Thursday blocked California's low-carbon fuel standard, saying it discriminates against out-of-state producers and tries to regulate activities that take place outside state boundaries.
The ruling raises questions for Oregon's similar standard, passed by the Oregon Legislature in 2009.
According to the New York Times, United States District Court Judge Lawrence J. O'Neill said California's fuel standard "impermissibly treads into the province and powers of our federal government, reaches beyond its boundaries to regulate activity wholly outside of its borders."
The California Air Resources Board issued the low-carbon fuel rule in 2009 and it is expected to account for 10 percent of the overall reduction in emissions of greenhouse gases within the state. The board intends to appeal Judge O'Neill's decision.
In Oregon, the Department of Environmental Quality is working with an advisory committee to develop rules for the standard. They will no doubt be watching the fate of California's rule closely.
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