2012 News Releases

Schmidt asks appeals court to allow Kansas ethanol sales to California

Release Date: Mar 12, 2012

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.

“[G]ranting 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.

Schmidt 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.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.