Railroads’ lawsuit against California over air quality regulations stayed

Great news!  The Democrats are trying to force you to use a bike, bus, walk or a train to get to work, visit Grandpa, go to the movies or buy groceries.  Newsom is forcing the trucking industry to get rid of gas and diesel vehicles, use only EV’s, even though there is not enough energy to run the trucks.

Now Newsom wants to get rid of trains, for transportation or carrying of cargo.  This of course will add to the cost of transportation.  Worse, it means trains coming to California from the other States will have to stop at the Arizona or Nevada border and have the cargo transferred to a California/Newsom approved train.

“A federal judge Monday stayed railroad industry groups’ lawsuit aimed at blocking newly adopted environmental regulations which, over time, will limit pollution and greenhouse gas emissions by locomotives.

The ambitious set of rules, finalized in October 2023, are part of California’s overall goal of becoming carbon neutral by 2045. If the rules are implemented, railroad companies will have until 2030 to phase out all locomotives that are more than 23 years old, and railroad companies would be forced to start setting aside more than $1 billion a year to purchase zero-emission locomotives and other equipment. Trains would also be banned from idling for more than 30 minutes.

Who do you think will pay that added $1 billion?  You—and that will create inflation, shortages and job losses.  Why do the Democrats want families and businesses to suffer?

Railroads’ lawsuit against California over air quality regulations stayed

California wants to slowly convert all locomotives to zero emission. Industry groups are pushing back.

Hillel Aron, Courthousenews,  9/30/24   https://www.courthousenews.com/railroads-lawsuit-against-california-over-air-quality-regulations-stayed/

(CA) — A federal judge Monday stayed railroad industry groups’ lawsuit aimed at blocking newly adopted environmental regulations which, over time, will limit pollution and greenhouse gas emissions by locomotives.

The ambitious set of rules, finalized in October 2023, are part of California’s overall goal of becoming carbon neutral by 2045. If the rules are implemented, railroad companies will have until 2030 to phase out all locomotives that are more than 23 years old, and railroad companies would be forced to start setting aside more than $1 billion a year to purchase zero-emission locomotives and other equipment. Trains would also be banned from idling for more than 30 minutes.

In June 2023, two associations, representing both freight and passenger railroads, claimed in a lawsuit that the new California regulations were preempted by federal laws, including the Clean Air Act and the Interstate Commerce Commission Termination Act.

The Association of American Railroads and the American Short Line and Regional Railroad Association said in a press release after the lawsuit was filed that the new regulations “would limit the useful life of today’s locomotive fleet (over 25,000 locomotives) and mandate their premature replacement with zero-emissions locomotives. This technology has not been sufficiently tested in prototype or operational service and is not commercially available on the market today.”

U.S. District Judge Daniel J. Calabretta denied the industry groups’ motion for summary judgment, and granted part of the state of California’s motion for summary judgment, striking the part of the complaint that challenges the idling requirements for lack of standing. As for the rest of case, the Biden appointee effectively hit the “pause” button, waiting for the Environmental Protection Agency to rule on an application by California to set air quality regulations for trains in the state.

Federal law, Calabretta found, “preempts state regulation of emissions for new locomotives,” but not old ones. The state has applied for permission from the EPA to regulate old locomotives. The EPA is expected to make decide whether permission is required, and if so, whether or not to grant permission.

“Given the uncertainty both as to the scope of EPA authorization required, as well as the likelihood of authorization, the Court finds that a stay is required so the Court may have the benefit of the EPA’s decision before proceeding further,” Calabretta wrote in his decision. “While the Court is cognizant that imposing this stay may result in some prejudice to Plaintiffs, the Court finds that ruling on Plaintiffs’ Motion now would be premature and would risk disrupting the regulatory scheme that Congress has put in place for regulating locomotives and their emissions.”

Even if the EPA does grant California the right to regulate its older trains, that only takes care of the preemption question as it relates to the Clean Air Act. The judge said he would “determine if such approval shields those parts of the regulation from ICCTA preemption.”

California has said it will not seek to impose the new regulations until it has secured authorization from the EPA.

Trains play a major role in both carbon emissions and air pollution in Southern California. According to the Los Angeles Times, the 25 rail yards in LA County and the Inland Empire are responsible for about 9% of the region’s smog-forming emissions.

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