The Ninth U.S. Circuit Court of Appeals is refusing to revisit the ruling that upheld California’s low carbon fuel standard.  Growth Energy and the Renewable Fuels Association are disappointed with the decision and say it allows a discriminatory rule to stand that is a blow to California’s consumers. Growth Energy CEO Tom Buis says they haven’t decided yet whether or not to appeal that decision.

Buis says California’s standard hurts ethanol produced outside the state and is unconstitutional.

In a strongly worded dissent, seven judges in the appeals case said the low carbon fuel standard  is a regulatory scheme that on its face promotes California’s industry at the expense of out of state interests.