Courts give California reefer operators cold shoulder

WASHINGTON — The smog is so bad in the Golden State that the California Air Resources Board (CARB) gets to do what it wants and that’s pretty much that.

That’s the gist of a new court ruling in Washington.

The D.C. Circuit court was asked to rule on a challenge that the American Trucking Associations (ATA) and the Truckload Carriers Association (TCA) raised regarding reefers in California.

The truckers think the American Federal government gave Californian legislators far too much power when it comes to regulating emissions. Specifically, the truckers didn’t like the 2004 rule establishing new emission rules for off-road diesels.

Between 2004 and now, the off-road engines (including reefer motors) had to have reduced their diesel particle emissions by 75 percent. The reduction would cost between $2,000 and $5,000 per unit.

The rule applied to engines based in and operating out of California.

The Federal Environmental Protection Agency (EPA) approved the standards in 2005. And a special congressional waiver lets California, implement tougher standards than the rest of the country, due to "compelling and extraordinary conditions.”

The truckers objected, saying the EPA didn’t define "extraordinary" and neither did the agency consider the full costs of implementation. Also, the challengers said the ruling must be considered Federal because so many trucks operate both outside and within the state boundaries.

Alas, the Federal Appeals Court rejected this argument as "weak.” Also, the Court said the EPA did indeed consider the costs and finally, that the rule complied with federal law.

To read more on the case, click here.
 


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