POET statement on court decision regarding California’s Low Carbon Fuel Standard

‘We are pleased the court recognized the fundamental flaws in ARB’s process for implementing the Low Carbon Fuel Standard’

Tuesday, July 16, 2013

On July 15, the Fifth District Court of Appeal issued its opinion in POET, LLC v. California Air Resources Board, which challenged the Low Carbon Fuel Standard (LCFS) adopted by the Air Resources Board (ARB). POET issues the following statement:

“We are pleased the court recognized the fundamental flaws in ARB’s process for implementing the Low Carbon Fuel Standard. The Court ruled in our favor on every challenge we raised on appeal, each of which went to a different problem with the approval process. The Court has also made clear that ARB must re-evaluate the LCFS’s recognized potential to increase smog-forming pollutants, recirculate its environmental document evaluating the impacts of the LCFS and, significantly, allow public comment on several controversial issues, including the carbon intensity values attributed to land use changes.

“The Court prohibited ARB from stepping up enforcement of the LCFS beyond the 2013 levels until it complies with its legal obligations, although the Court did not prohibit enforcement of the LCFS regulation outright. As a result, we are reviewing our options with respect to the Court’s decision.”

About POET

POET, one of the world’s largest ethanol producers, is a leader in biorefining through its efficient, vertically integrated approach to production. The 25-year-old company has a production capacity in excess of 1.6 billion gallons of ethanol and 9 billion pounds of high-protein animal feed annually from its network of 27 production facilities. POET also operates a pilot-scale cellulosic bio-ethanol plant, which uses corn cobs, leaves, husk and some stalk as feedstock, and expects to commercialize the process in Emmetsburg, Iowa through its joint venture with DSM. For more information, visit

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