"The outcome of a prominent climate case has become even more shrouded in mystery after one of the three judges considering the matter died this week."
"Judge Betty Binns Fletcher, who died Monday at the age of 89, was on the three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals that is weighing the lawfulness of California's new low carbon fuel standard, which is aimed at lowering the carbon intensity of transportation fuels by about 10 percent by 2020. It's part of the state's landmark climate change law, commonly known as A.B. 32.
The appeals court heard arguments in the case Oct. 16. Fletcher's death means the court will draw at random a new judge to be appointed to the panel. The panel could ask the parties to reargue the case, or the new judge could decide to rely instead on the video of the oral argument and the briefs filed by the parties."