Jump to Navigation
Jump to Content

Pacific Merchant Shipping Ass'n v. Goldstene

ELR Citation: 38 ELR 20054
Nos. No. 07-16695, (9th Cir., 02/27/2008)

The Ninth Circuit upheld an injunction enjoining the California Air Resources Board from enforcing state regulations that limit emissions from the auxiliary diesel engines of ocean-going vessels within 24 miles of California's coast. Clean Air Act (CAA) §209(e)(2)(A) requires California to obtain U.S. Environmental Protection Agency (EPA) authorization in order to adopt “standards and other requirements relating to the control of emissions from [ ] vehicles or engines.” Because the state's marine vessel regulations require that engines not emit more than a certain amount of a given pollutant, they are "emission standards." CAA §209(e)(2), therefore, preempts the regulations and requires the state to obtain EPA authorization prior to their enforcement.