Goldstene
Rocky Mountain Farmers Union v. Goldstene
Opinion
Opinion
O'Neill, J.
ORDER ON DEFENDANT’S MOTION TO DISMISS (Doc. 23)
ORDER ON DEFENDANTS’ MOTION TO DISMISS (Doc. 25)
Introduction
Plaintiffs challenge the low carbon fuel standard (“LCFS”) regulations promulgated by defendant California Air Resource Board (“CARB”) to implement provisions of California Assembly Bill 32 (“AB 32”), California’s Global Warming Solutions Act of 2006, Cal. Health & Saf. Code, § 38500 et seq. California’s LCFS focuses on the “carbon intensity” of fuels to estimate emissions related to a fuel’s lifecycle, including greenhouse gases (“GHGs”) emitted when the fuel is extracted, refined, and transported to California. Plaintiffs allege that the LCFS conflicts with and is preempted by federal law, including the Energy Independence and Security Act of 2007 (“EISA”), in violation of the Supremacy Clause, U.S. Const. Article VI, para. 2, and interferes with the regulation of interstate commerce, in violation of the Commerce Clause, U.S. Const., Art. I, sec. 8, cl. 3.
In moving to dismiss this action, pursuant to Fed.R.Civ.P. 12(b)(6), defendants argues that the United States Congress expressly authorized California to regulate fuels under the Clean Air Act, 42 U.S.C. § 7401 et…