The law known as AB 32 sets broad greenhouse gas reduction goals - but leaves it up to state regulators to figure out how to meet them. The low carbon fuel regulations are what's at issue here, not the law itself. Rich Moskowitz is with the American Fuel and Petrochemical Manufacturers Association. He calls the proposal both illegal and bad policy:
Moskowitz: "It would require the
use of more expensive alternatives and it discriminates against
producers of fuel that are based outside the state of
But Dave Clegern with the California Air Resources Board says the proposal is groundbreaking, reasonable - and legal.
Clegern: "This is a very
even-handed and level playing field type of regulation -there is no
discrimination involved against out-of-state producers."
The case now moves to a three-judge panel before the 9th U.S. Circuit Court of Appeals. A lower court ruled the regulations were unconstitutional.