This is the death knell to American transportation, bankrupting not only California businesses (due to the massive added costs), but all American trains that come into California from around the nation. Literally, a train from Georgia would have to meet Californian electric standards or they will not be allowed into Barstow.
“The Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA), on behalf of their members, filed suit against the California Air Resources Board (CARB) in the Eastern District of California over the In-Use Locomotive regulation. The CARB rule 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. In the past, railroads have worked with CARB to further initiatives that have dramatically enhanced air quality surrounding operations in the state and helped pave the way for more sustainable operations across the nation.”
For too long the media has been silent on this economic killer policy.
Railroads File Suit Against California Over Untenable Locomotive Rule
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Assocation of American Railroads, 6/A16/23Railroads File Suit Against California Over Untenable Locomotive Rule
Association of American Railroads, 6/16/24 https://www.aar.org/news/railroads-file-suit-against-california-over-untenable-locomotive-rule/?utm_source=netternews-dac43c.beehiiv.com&utm_medium=newsletter&utm_campaign=california-s-zero-emission-vehicle-hype
The Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA), on behalf of their members, filed suit against the California Air Resources Board (CARB) in the Eastern District of California over the In-Use Locomotive regulation. The CARB rule 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. In the past, railroads have worked with CARB to further initiatives that have dramatically enhanced air quality surrounding operations in the state and helped pave the way for more sustainable operations across the nation.
“Movement of goods and movement toward greater sustainability is not an either-or proposition; for rail, these are mutually inclusive,” said AAR President and CEO Ian Jefferies. “All American families want and deserve clean air and a competitive economy that can support quality jobs. Rail supports both and has an unwavering commitment to continue to go even further in advancing sustainability.”
California has long been the proving ground where the railroads and CARB have partnered and worked collaboratively to drive significant reductions in emissions. Railroads’ partnerships with CARB in past years have successfully reduced emissions from line haul and yard operations across the state. Initiatives such as zero-emission cranes, yard service vehicles and other technology are at work in yards across California and the nation as anti-idling systems, fuel management systems and the use of renewable fuels are simultaneously reducing locomotive emissions.
Today, the industry continues to pilot emerging technologies such as battery-electric and fuel-cell locomotives that can potentially reduce greenhouse gas emissions and criteria pollutants across the state and nationwide. However, despite billions in investments and an industry-wide push to unlock a zero-emissions solution, a clear technological path has not yet emerged and will require additional testing and development.
“While the urgency to act is real and unquestionable, CARB uses unreasonable, flawed assumptions to support a rule that will not result in emissions reductions,” Jefferies continued. “Railroads have urged CARB to take the proven path of collaboration and build on our shared successes, but those arguments were rejected out of hand. Railroads are working toward reliable, efficient zero-emissions technologies; however, they cannot simply be willed into immediate existence by policymakers.”
Throughout the rulemaking process, railroads, suppliers and other stakeholders made clear the entire industry is working to develop and test zero-emissions technologies and the supporting infrastructure capable of powering the complex, interconnected rail industry. Although significant progress has been made in recent years, these same parties argued before CARB that zero-emissions locomotives are not yet commercially viable. Despite these arguments and the unavailability of qualifying zero-emission locomotives, the CARB rule would begin charging railroads that operate locomotives within the state billions of dollars annually starting when the rule is expected to go into effect in October 2023.
“Short line railroads operating in California provide critical first- and last-mile service on lower density branch lines, keeping smaller shippers in rural areas and small towns connected to the national freight rail network,” said Chuck Baker, President, ASLRRA. “While the spirit behind this regulation is consistent with railroad’s environmental commitment, the rule itself is unworkable and infeasible for short lines – its implementation would literally bankrupt some small business short lines. And the rulemaking does not acknowledge the impact of the elimination of some short line rail service to Californians. For shippers, it eliminates an efficient means to market and threatens the competitiveness of California’s products. For the public, it means the rising cost of products and a modal shift to trucks – a far less safe means of transportation resulting in more fatalities and injuries, more congestion on California’s roads, more burden on the California taxpayer to pay for road damage, and more micro plastics from shredded truck tires in the environment and water supply.”
Similar to the larger railroads, short line railroads are testing hydrogen and battery-electric powered locomotives, installing fuel optimization software and anti-idling technology, testing biodiesel and renewable diesel, and exploring fuel additives to lower emissions, in addition to upgrading locomotives to higher tier levels when practical. However, short lines largely rely on government support for these targeted pilot projects. There is no viable path for a widespread transition to zero-emission short line freight rail operations in the foreseeable future.
In the lawsuit, AAR and ASLRRA, on behalf of their members, argue that CARB lacks the legal authority to promulgate the In-Use Locomotive Rule. Due to the interconnected nature of rail operations and the need for uniform regulatory policies, Congress, the courts, federal regulators, and even CARB itself have long acknowledged that the federal government has exclusive authority to regulate rail operations. As a part of the suit, AAR and ASLRRA filed to preliminarily enjoin implementation and enforcement of the rule while the district court considers the case.
The federal government needs to address all the services that affect interstate commerce. Post Office rate setting, and federal minimum wage come to mind. If a state wants to enact laws for businesses registered in their state for all business transactions that take place in their state, they should be allowed to do that. They should not be allowed to affect regulated business from another state.
Undue interference with interstate commerce, Bibb v Navajo Freight Lines (1959) First-semester Con Law. Even the judges of the Ninth Circuit know the rule.
The above comments say the most important thing that these Sacto Swamp Klowns just simply ignore. I will address another issue. Batteries will increase the weight of the engines by quite a bit. Where and when on the tracks will they stop and recharge the systems? That weight will add wear and tear tot the tracks themselves, in order to reduce that weight, cargo will be reduced too. That will increase the costs of shipping via rail.
If the added weight will increase track issues, then it follows that derailments will become more common. Do we need any more Ohio type train derailments that destroy cities? Trains are the primary movers for military mobilizations. Those long trains needed to move an armored division to port would require many more trips to port, hence delaying mobilizations. We have no military installations in Kommifornia any longer, hence longer times will be needed. time lost is never regained in battle! That loss may be a loved one of yours!
You fool Swamp Klowns, that make these out of thin air suggestions and spend our billions trying to make your dreams (not ours) come true need a rectal-cranium investigation. Trains will simply refuse to enter Kommifornia, simple as that, more costs for the residents, scarcer products entering and how are the farmers going to send frozen produce to east coast markets? All battery trains will stall in the cold Rockies unless Arizona and Nevada become rail switching station once that engine reaches its proverbial last breath.
Constitutionally or by referendum, eliminate CARB in the manner of its present organization. They must be accountable to the public, not the whims of the governor or legislature. Thye need to be in districts near the sources of concern so that affected citizens may have direct input and rebuttal of deemed issues by the anti-consumer, unelected bureaucracy of tyranny.
Picture this:
-eLocos pulling our supply chain with stops at unimagined recharging stations, just like steam engine days with stops at every water tower.
-eLocos heading out night and day during winter weather, slowing and stopping until the next warmup.
-eLocos as limited in towing capacity as today’s ePickups, possibly because they also must tow their batteries and use power to keep them warm.
-wildfire hazards: San Bernardino County Fire Chief Munsey, at the invitation of California Congressman Jay Obernolte, testified to the House Committee on Science, Space, and Technology’s Investigations and Oversight Subcommittee, about the “unique dangers of electric vehicle battery fires and lack of guidance for first responders risking their lives to extinguish them.”
Oh well, maybe CARB won’t count air pollution caused by eLoco wildfires in places where no one can go but railroaders.