Growth Energy and the Renewable Fuels Association filed a lawsuit in December 2009 challenging the constitutionality of California’s low-carbon fuel standard. These groups believe the low-carbon fuel standard violates both the supremacy clause and commerce clause of the U.S. Constitution.

The California Air Resource Board approved in April the nation’s first low-carbon fuel standard. It establishes new rules that will require producers, refiners, and importers of gasoline and diesel to reduce the carbon footprint of their fuel by 10 percent in the next decade. The regulation will go into effect in 2011.

The low-carbon fuel standard calculates the impact of fuels throughout their lifecycle and takes into account emissions generated from production, transportation, and ultimately, its combustion.

The corn based ethanol fuel source is penalized because of the indirect effect of growing corn for energy on land that would normally be used to grow crops for food.

Under the indirect land use measurement, corn-based ethanol does not meet California’s low-carbon fuel standard. Essentially, it would be banned from use in the state. The ethanol industry has called the rule unfair and based on shoddy science.

The industry feels that domestic ethanol has been singled out and regulations will make it difficult to meet the federal Renewable Fuel Standard. The standard requires 36 billion gallons of biofuels blended into the U.S. fuel supply per year in 2022. The two industry groups argue that California’s low-carbon fuel standard will also change how corn is farmed and how ethanol is produced all over the country.

Ethanol derived from sugarcane — a major export from Brazil — meets CARB’s standards. California revised its ethanol blend requirements, which will push it from 6 percent to 10 percent ethanol by 2010.

In doing research for this story I ran across this announcement from nearly two years ago. GM plans to make half of its U.S. cars running on ethanol by 2012, AP reports (via Reuters). Speaking at the Chicago auto show, GM North American President Troy Clarke said the company will have 11 ethanol-capable cars on the market in 2008 and 15 in 2009. GM CEO Rick Wagoner called for 15,000 new ethanol stations in the country.

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