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Governors' Biofuels Coalition
Request to Join Motion to Reconsider October 9, 2013

Governor Representatives,

As we discussed during our last conference call, the Ninth Circuit Court of Appeals rejected a challenge by the ethanol industry to California’s low carbon fuel standard.

Since many of your attorney generals participated in the original litigation, Katie Spohn, Nebraska’s Deputy Attorney General, is asking your AGs to participate in her motion to reconsider.  Katie’s email note follows.  Please pass along this information to your state attorney general.  Thanks.



Attached please find a draft of our brief asking for reconsideration of the 9th Circuit’s decision to uphold California’s Low Carbon Fuel Standard.  This brief is substantially similar to the draft previously submitted to the 9th Circuit Panel.  We would greatly appreciate any assistance you can provide in encouraging other states to join the brief.  At the Panel stage, we had the following states on the brief: Illinois, Iowa, Kansas, Michigan, Missouri, North Dakota, Ohio, and South Dakota.  We are hopeful these same states will join us at this stage of the argument and would welcome new joiners to the case as well.

Our amicus brief in support of the Petition for Rehearing En Banc is due Monday, October 14, 2013.  I realize this is a quick turn-around, but welcome any assistance and encouragement your respective agencies in sister states can provide.

Please let me know if you have any concerns.  Sign-ons can be conveyed to either myself or Blake Johnson at or (402) 471-1912.

Katie Spohn

Deputy Attorney General
Nebraska Attorney General’s Office
(402) 471-2834

2013.10.08 – Draft Amicu Brief in Support of Petition for Rehearing En Banc