California Court of Appeal

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POET, LLC v. California Air Resources Board, 7/15/13

In a challenge to the Low Carbon Fuel Standards (LCFS) regulations, promulgated by defendant, that require the reduction of the carbon content of transportation fuels sold, supplied or offered for sale in California, judgment for defendant is reversed and remanded, where: 1) plaintiffs' Administrative Procedures Act claim has merit because certain emails from consultants contain "other factual information" that was "submitted to" defendant and thus are required to be included in defendant's rulemaking file; 2) defendant prematurely approved the LCFS regulations well before it completed its environmental review and committed other CEQA violations; but 3) the LCFS regulations will remain in effect pending defendant's taking action to comply with the statutes.

Appellate Information

  • Decided 07/15/2013
  • Published 07/15/2013

Judges

  • FRANSON

Court

  • California Court of Appeal

Counsel

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