Corey

MEMORANDUM DECISION AND ORDER RE DEFENDANTS’ MOTIONS TO DISMISS

I. INTRODUCTION

Two sets of Plaintiffs, the “RMFU Plaintiffs” 2 and the “AFPM Plaintiffs,” 3 challenge the constitutionality of California’s Low Carbon Fuel Standard (“LCFS”), Cal. Code Regs. Tit. 17, §§ 75480-90. Defendants 4 move to dismiss all four claims in the RMFU Plaintiffs’ Third Amended Complaint (“TAC”), Doc. 374. Doc. 378. Defendants move for judgment on the pleadings on the AFPM Plaintiffs’ claims in their Second Amended Complaint (“SAC”), Doc. 373, concerning the now-repealed version of the LCFS, and move to dismiss the remaining claims against the currently operative LCFS. Doc. 380-1.

The Court took the matter under submission on the papers pursuant to Local Rule 230(g). Doc. 388. For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendants’ motions.

II. FACTUAL AND PROCEDURAL BACKGROUND

This case concerns Plaintiffs’ years-long and complex challenge to the LCFS. 5 After the Ninth Circuit remanded the case to this Court in 2014, see Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070 (9th Cir. 2013) (“RMFU’), the Court granted in part and denied in part the AFPM Plaintiffs’…