Federal STB Raises Legal Doubts Over EPA Waiver For CARB Locomotive Rule

The federal Surface Transportation Board (STB) is raising legal doubts about whether EPA should waive Clean Air Act (CAA) preemption to allow California’s air board to implement a novel rule aimed at cutting pollution from existing locomotives, saying the policy may be preempted by the Interstate Commerce Commission Termination Act of 1995 (ICCTA). “To the extent authorization under” section 209(e)(2) of the CAA “would give the Regulation or parts of it the ‘force and effect of federal law,’ EPA should...