CARB Urges Court To Dismiss Industry Challenge To Locomotive Rule

November 13, 2023
California air board attorneys are urging a federal court to dismiss an industry challenge to its rule requiring railroad companies to reduce emissions from existing locomotives, arguing in part that the court lacks jurisdiction while noting that it will be up to EPA to decide whether the rule can be enforced through a Clean Air Act (CAA) preemption waiver. “This Court . . . lacks jurisdiction over Plaintiffs’ CAA claim, which rests on determinations Congress directed EPA to make...

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