Judges Doubt Truckers’ Appeal Of EPA Waiver For CARB Off-Road Rules

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit at Jan. 22 oral arguments appeared skeptical of 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 judges also appeared disinclined to address the question of whether EPA used the appropriate test for evaluating the California Air Resources Board’s (CARB) waiver request under the CAA because...