21 states ask US Supreme Court to assess LCFS

A number of states are teaming up to tackle a legal dispute over California's Low Carbon Fuel Standard (LCFS) at the US Supreme Court.

A group of 21 states have filed a brief, requesting the Supreme Court to review a decision made by a lower court, challenging the LCFS.

One month before this brief, The Growth Energy and the Renewable Fuels Association filed a similar one, asking the Supreme Court for certiorari to make a final determination on the LCFS.

The states argue that the LCFS facially discriminates against interstate commerce by assigning a higher carbon intensity to ethanol production pathways based, partly, on the distance the product must travel to reach the California marketplace. In addition, it argues that the programme discriminates against out-of-state crude oil.