Rocky Mountain Farmers Union, et al. v. Corey, et al., No. 12-15131, 2013 U.S. App. LEXIS 19258 (9th Cir. Sept. 18, 2013)

(in split decision, court reversed trial court’s decision and upheld California’s low carbon fuel standard (LCFS) as constitutional (lower court had found violation of interstate commerce clause); LCFS caps average carbon intensity of transportation fuels in CA market and fuel blenders required to meet either specified annual carbon intensity in fuels or use credits to comply with standard if intensity too high; for fuels less carbon intensive than mandated, credits available to sell to companies that need to comply with mandated standard (cap and trade system); CA used “life cycle analysis” that takes into account all carbon emissions generated in the production and refining of fuel and transportation of such fuel to market, and such analysis challenged as facially discriminating against out-of-state producers; court disagreed on basis that carbon intensity measurement based on scientific data and state not imposing its regulations on other jurisdictions; case remanded on question of whether CA fuel standard discriminated in purpose or effect).