News & Analysis as of

California Environmental Quality Act Low Carbon Fuel Standard CARB

Latham & Watkins LLP

California Low Carbon Fuel Standard Amendments Take Effect

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On June 27, 2025, the California Office of Administrative Law (OAL) approved the amended Low Carbon Fuel Standard (LCFS) Regulation, submitted by the California Air Resources Board (CARB) to the OAL on May 16, 2025....more

Latham & Watkins LLP

Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard

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Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more

Latham & Watkins LLP

California’s Supreme Court Denies ARB Petition To Review LCFS Case

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In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

Latham & Watkins LLP

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

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Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

Latham & Watkins LLP

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

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As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

Downey Brand LLP

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

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In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

Miller Starr Regalia

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

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In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more

Miller Starr Regalia

First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental...

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In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay...more

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