9th Circuit Rejects Truckers’ Appeal Of EPA Waiver For CARB Off-Road Rules

February 12, 2021
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit has rejected a trucking and construction industry challenge to an Obama-era EPA Clean Air Act (CAA) waiver of federal preemption authorizing California to issue stricter emission regulations for “non-road” diesel engines. “The EPA was not arbitrary and capricious in declining to find that ‘California does not need such California standards to meet compelling and extraordinary conditions’ . . . under the alternative version of the needs test,...

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