California environmental regulators can continue enforcing the state’s refrigerated transportation unit rule that went into effect on Jan. 1, a federal appeals court ruled.
The U.S. Court of Appeals for the District of Columbia Circuit denied an American Trucking Associations petition for that said the new emissions-reduction rule for any transport refrigeration unit crossing state lines unfairly imposes air quality standards on out-of-state motor carriers.
ATA claimed the rule is a “de facto national rule” because many trucks pass through California and will be subject to the rule, but the court called ATA’s argument “weak.”
“We’re disappointed,” Bob Digges, ATA vice president and chief counsel, said of the ruling, adding that ATA has not yet decided whether to request an “en banc” hearing with all nine members of the appeals court.
“That would seem to be a logical next step,” Digges said.
The rule “does not require any other state to adopt California’s approach, and it does not apply anywhere but in California, and only to vehicles that have entered California,” the court wrote.
ATA argued in a brief filed in August that the U.S. Environmental Protection Agency should not have granted the state a Clear Air Action waiver needed for a state to enforce standards that are more stringent than federal emissions requirements.
The California Air Resources Board had planned to implement the reefer rule in late 2004, but EPA did not grant the waiver until January 2009.
“In the realm of air quality regulation related to in-use non-road engines, Congress consciously chose to permit California to blaze its own trail with a minimum of federal oversight,” the appeals court wrote.
“We have no legal basis in this case to disrupt that congressional scheme, overturn EPA's decision, or otherwise disturb the California rule,” the court said.
Despite “rumors” that the rule was on hold, state officials said earlier this year that enforcement was under way and that carriers were being fined up to $1,000 for each violation.
By Eric Miller
Staff Reporter
