REGULATORY DEVELOPMENTS

June 2009

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California Adopts World’s First Low Carbon Fuel Standard, Sets Higher Standard than Proposed Federal LCFS

The California Air Resources Board (CARB) adopted the world’s first low carbon fuel standard (LCFS) for transportation fuels. This action followed more than two years of work by CARB and other state agencies to develop the rule, and was accompanied by significant controversies over how the rule deals with ethanol made from corn, and whether the adopted rule is even complete. In an unusual procedural approach, CARB adopted the rule in April but has tentatively scheduled a hearing for December 2009 to adopt several major elements of the rule that have not yet been written.