The California Air Resources Board was charged by the Renewable Fuels Association and several California ag organizations for disregarding the required administrative process after the board approved the low-carbon fuels standard last year, one that would require a 10% reduction of carbon intensity in the products of ethanol producers by 2020. CARB filed a motion to dismiss, which was denied by the Eastern California U.S. District Court last week.
The ethanol industry has opposed the CARB's requirements because the carbon intensity formula would apply a life-cycle emissions test that looks at indirect land use change. CARB says greenhouse gas emissions would be released into the atmosphere due to production of grain-based ethanol, according to the board's indirect land use change theory.
National Sorghum Producers says the court's decision is a positive development for grain-based ethanol producers even though the case isn't over yet.
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