ROCKY MOUNTAIN FARMERS UNION v. COREY

No. 17-16881, No. 17-16882.

913 F.3d 940 (2019)

ROCKY MOUNTAIN FARMERS UNION; Redwood County Minnesota Corn and Soybean Growers; Penny Newman Grain, Inc.; Rex Nederend; Fresno County Farm Bureau; Nisei Farmers League; California Dairy Campaign; Growth Energy, Plaintiffs-Appellants, and American Fuel & Petrochemical Manufacturers Association, fka National Petrochemical & Refiners Association; American Truckings Associations; The Consumer Energy Alliance, Plaintiffs, v. Richard W. COREY, in His Official Capacity as Executive Officer of the California Air Resources Board; Alexander Sherriffs; Barbara Riordan; Hector De La Torre; John Eisenhut; John Gioia; Mary D. Nichols; Ron Roberts; Daniel Sperling; Sandra Berg; John R. Balmes; Phil Serna; Dean Florez; Diane Takvorian; Judy A. Mitchell, in Their Official Capacities as Members of the California Air Resources Board; Gavin Newsom, in His Official Capacity as Governor of the State of California; Xavier Becerra, in His Official Capacity as Attorney General of the State of California, Defendants-Appellees, Sierra Club; Conservation Law Foundation; Environmental Defense Fund; Natural Resources Defense Council, Intervenor-Defendants-Appellees. Rocky Mountain Farmers Union; Redwood County Minnesota Corn and Soybean Growers; Penny Newman Grain, Inc.; Rex Nederend; Fresno County Farm Bureau; Nisei Farmers League; California Dairy Campaign; Growth Energy, Plaintiffs, and American Fuel & Petrochemical Manufacturers Association, fka National Petrochemical & Refiners Association; American Truckings Associations; The Consumer Energy Alliance, Plaintiffs-Appellants, v. Richard W. Corey, in His Official Capacity as Executive Officer of the California Air Resources Board; Alexander Sherriffs; Barbara Riordan; Hector De La Torre; John Eisenhut; John Gioia; Mary D. Nichols; Ron Roberts; Daniel Sperling; Sandra Berg; John R. Balmes; Phil Serna; Dean Florez; Diane Takvorian; Judy A. Mitchell, in Their Official Capacities as Members of the California Air Resources Board; Gavin Newsom, in His Official Capacity as Governor of the State of California; Xavier Becerra, in His Official Capacity as Attorney General of the State of California, Defendants-Appellees, Sierra Club; Conservation Law Foundation; Environmental Defense Fund; Natural Resources Defense Council, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2019.


Attorney(s) appearing for the Case

Paul J. Zidlicky (argued), Clayton G. Northouse , and Erika L. Maley , Sidney Austin LLP, Washington, D.C.; John C. O'Quinn , Kirkland & Ellis LLP, Washington, D.C.; John P. Kinsey and Timothy Jones , Wagner Jones Helsley PC, Fresno, California; for Plaintiffs-Appellants.

M. Elaine Meckenstock (argued), Jonathan Wiener , and Myung J. Park , Deputy Attorneys General; Gavin G. McCabe , Supervising Attorney General; Robert W. Byrne , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Oakland, California; Sean H. Donahue , Donahue Goldberg & Weaver LLP, Washington, D.C.; Joanne Spalding , Sierra Club, Oakland, California; David Pettit , Natural Resources Defense Council, Santa Monica, California; for Defendants-Appellees.

Before: Dorothy W. Nelson, Ronald M. Gould, and Mary H. Murguia, Circuit Judges.


OPINION

In 2013, we decided the first appeal in a long-running, complex challenge to California's Low Carbon Fuel Standard (LCFS) under the Commerce Clause in Rocky Mountain Farmers Union v. Corey, rejecting some of Plaintiffs' claims and remanding for further proceedings on others. Rocky Mountain Farmers...

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