Government News -
Tuesday, 20 March 2012 18:46
TOPEKA – (March 12, 2012) – Kansas has asked a federal appeals
court in California to keep that state’s motor fuel market open for
Kansas-produced ethanol while it considers underlying legal issues on appeal,
Attorney General Derek Schmidt announced today.
Schmidt today filed a brief with the San Francisco-based 9th
U.S. Circuit Court of Appeals asking the Court to keep the California market
open to Kansas ethanol while it considers an appeal about a California law that
discriminates against ethanol produced with Midwestern grain. Schmidt joined
the attorneys general of Nebraska, Missouri, North Dakota, South Dakota and
Michigan in the filing.
Earlier this year, the Midwestern states joined in support of a
lawsuit filed in federal district court in California arguing against the
discriminatory California law. The federal district court sided with Kansas and
ruled that the California law is unconstitutional. California has appealed that
ruling to the 9th Circuit and has asked the appeals court to block
the lower court’s order while the appeal is pending. In today’s filing, Kansas
has asked the Court to allow the sale of Midwestern ethanol into the California
market while the appeal is pending.
“Granting a stay of the district court’s preliminary injunction
and allowing the California Air Resources Board’s unconstitutional low-carbon
fuel standard (LCFS) to take effect would significantly impair the markets for
[Midwestern] States’ corn and ethanol and, by extension, the economies of
[Midwestern] States,” the six states wrote in their filing.
said it is important that Kansas corn and ethanol producers be able to compete
on a level playing field in the large California market. The case is Rocky Mountain Farmers Union v. Goldstene.