EPA Details Legal Defense For Easing Waivers For State Locomotive Rules

November 13, 2023
EPA officials are laying out legal justification for their controversial rule easing the regulatory path for California and other states to obtain Clean Air Act (CAA) preemption waivers to implement first-time standards to reduce emissions from existing “non-new” locomotives, providing an early window into agency arguments for an expected lawsuit from the railroad industry. Specifically, EPA is rebutting industry claims that its rule violates the Constitution’s “equal state sovereignty” principle and that the agency failed to adequately explain revisions it...

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