The nation’s ethanol industry is challenging the constitutionality of the California Low Carbon Fuel Standard (LCFS).
The Renewable Fuels Association and Growth Energy filed a complaint on Christmas Eve in the Federal District Court of Fresno charging that the measure violates both the Supremacy Clause and the Commerce Clause of the U.S. Constitution.
“The LCFS erects new regulatory obstacles to ethanol, frustrates the federal Renewable Fuel Standard, and threatens the nationwide market for domestic ethanol,” says a joint statement issued by the two organizations. “Additionally, by closing California’s borders to corn ethanol from other states, the LCFS will change how corn is farmed and ethanol is produced all over the country. The Commerce Clause specifically forbids state laws that discriminate against out-of-state goods and that regulate out-of-state conduct. The LCFS imposes excessive burdens on the entire domestic ethanol industry while providing no benefit to Californians. In fact, in disadvantaging low-carbon, domestic ethanol, the LCFS denies the people of California a genuine opportunity to clean their air, create jobs, and strengthen their economic and national security.”
The LCFS was adopted by the California Air Resources Board last spring and is due to take effect early next year.



A Minnesota company is proposing to build a massive wind farm in Lake Michigan, but some of the residents of Michigan, which has some of the highest unemployment rates in the country, still aren’t pleased about the project that would bring green energy and jobs to the economically distressed region.
A North Dakota ethanol plant is truly exploring the concept of value-added products. The Blue Flint Ethanol refinery in Underwood, ND, will extract oil from the corn it turns into ethanol to turn that oil into biodiesel.
An Iowa biodiesel plant that picked up a $2.5 million federal grant earlier this month (see
The purchase of Renew Energy by Valero is being challenged. As
Rhode Island’s governor has selected Chevron Energy Solutions to install and operate six wind turbines on public land in the state.
A group that promotes the use of soybeans and a program that works to reduce local petroleum consumption are partnering again to promote the use of soy biodiesel next year.
Biodiesel producers have seen the last chance at renewing the federal biodiesel tax incentives before they expire at the end of the year slip away. But two key lawmakers have vowed the $1-a-gallon tax credit will be renewed, retroactively.
“These provisions are important to our economy — not only because they help create jobs, but also because they are used to address pressing national concerns,” the senators wrote.
Unfortunately, it looks as though another ethanol plant has filed for bankruptcy. Hawkeye Energy currently owns and operates ethanol plants in Iowa Falls and Fairbank, Iowa and has filed for reorganization and Chapter 11 bankruptcy.