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Meanwhile, for folks who come to AP for the choo-choo's... This may be bad news for CARB's locomotive emissions rule.
Author: BOB2
Date: 01-12-2024 - 08:59
This case involving Federal "preemption" of State regulation of railroads engaged in interstate commerce on blocking crossings has implications for the challenge to CARB's CA locomotive emissions regulations.
Train Story on Ohio Blocked Crossing Law Supreme Court Appeal
CARB'S claims that the State's light duty Federal "exception" for State regulation of Ozone precursor's extends to include some mysterious powers to regulate heavy duty locomotives and trucks engaged in interstate commerce for greenhouse emissions was already on pretty weak ground to begin with...
The requirement that there be Federal Regulation of truck and heavy duty locomotive emissions, which the States were powerless to enforce, was determined and set precedents in Soto Vs. EPA in the 90's.
CARB's "creative" tendency to push the legal envelope on it's regulatory authority over "Federal sources" engaged in interstate commerce may not carry much weight with more conservative courts these days.
Train Story on Ohio Blocked Crossing Law Supreme Court Appeal
CARB'S claims that the State's light duty Federal "exception" for State regulation of Ozone precursor's extends to include some mysterious powers to regulate heavy duty locomotives and trucks engaged in interstate commerce for greenhouse emissions was already on pretty weak ground to begin with...
The requirement that there be Federal Regulation of truck and heavy duty locomotive emissions, which the States were powerless to enforce, was determined and set precedents in Soto Vs. EPA in the 90's.
CARB's "creative" tendency to push the legal envelope on it's regulatory authority over "Federal sources" engaged in interstate commerce may not carry much weight with more conservative courts these days.
Meanwhile, for folks who come to AP for the choo-choo's... This may be bad news for CARB's locomotive emissions rule.