Environmental Groups Sue California Air Regulators Over Support for Polluting Biofuels

Several environmental groups are suing California air regulators over their recent update of a contentious climate program, saying they failed to address the pollution impacts of biofuels.

The lawsuits target the low-carbon fuel standard, which requires California to reduce the environmental impact of transportation fuels by incentivizing producers to cut emissions. The California Air Resources Board voted last month to increase the state’s emission reduction targets, fund charging infrastructure for zero-emission vehicles, and phase out incentives for capturing methane emissions from dairy farms to turn into fuel.

California, which often leads the nation on climate policy, plans to achieve so-called carbon neutrality by 2045, meaning the state will remove as many carbon emissions from the atmosphere as it emits. The state has passed policies in recent years to phase out the sale of new fossil-fuel powered cars, trucks, trains and lawn mowers.

One of the lawsuits filed this week, by the nonprofit Communities for a Better Environment, accuses the board of failing to thoroughly analyze the climate impacts of burning biofuels derived from plants and animal waste. Another — filed by Food and Water Watch, Central Valley Defenders of Clean Air and Water, and the Animal Legal Defense Fund — focuses on the impact of pollution often impacting low-income and Latino communities from the capture of methane from cow manure to turn into fuel.

“People who live near refineries in California are harmed by the spiraling expansion of polluting biofuels,” but CARB failed to analyze the resulting harm to these communities, said a statement by Katherine Ramos, a program director at Communities for a Better Environment.

Environmentalists say the LCFS program has stimulated the production of polluting biofuels, competing with food production and contributing to deforestation. They want California to focus more on expanding the charging infrastructure for electric vehicles.

The agency declined to comment on the lawsuits but said the program plays an important role in combating climate change and improving air quality.

“The amendments channel global, national and local private sector investment towards increasing cleaner fuel and transportation options for consumers, accelerating the deployment of zero-emission infrastructure, and keeping the state on track to meet legislatively mandated air quality and climate targets,” Dave Clegern, a spokesperson for the board, said in an email.