Jump to Navigation
Jump to Content

Preemption

W.M. Barr & Co. v. South Coast Air Quality Management Dist.

A California appellate court upheld a local air district rule that requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products. The...

Hardesty v. Sacramento Metropolitan Air Quality Management District

A California appellate court affirmed a lower court decision dismissing a petition challenging an air district's abatement order directing the owners of an open-pit mining operation to cease operation of the central plant equipment...

Association of Am. RRs. v. South Coast Air Quality Management

The Ninth Circuit held that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts three local government agency rules aimed at limiting air pollution from idling trains. The rules have not become a part of...

American Trucking Ass'ns v Los Angeles, City of

A district court upheld a "Clean Air Action Plan" adopted by a California port designed, among other things, to reduce emissions related to port operations, including emissions from heavily polluting trucks. A trucking association...

National Ass'n of Home Builders v. San Joaquin Valley Unified Air Pollution Control Dist.

A district court held that the Clean Air Act (CAA) does not preempt a local air district rule that requires developers to reduce nitrogen oxide and particulate matter emissions from their projects or to pay a fee to offset such...

Pacific Merchant Shipping Ass'n v. Goldstene

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....

Engine Mfrs. Ass'n v. South Coast Air Quality Maintenance Dist.

The Ninth Circuit affirmed a lower court decision that the Clean Air Act (CAA) does not preempt certain provisions of local "fleet rules" requiring operators to meet specified emission standards or engine requirements, but reversed and...

Engine Mfrs. Ass'n v. South Coast Air Quality Management Dist.

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their manufacture or sale. The fleet rules prohibit...