Ninth Circuit Prevents California from Regulating Toxic Maritime Emissions

Moren, Harry
August 2008
Ecology Law Quarterly;2008, Vol. 35 Issue 3, p639
Academic Journal
The article discusses the Pacific Merchant Shipping Association v. Goldstene court case, which involved toxic maritime emission regulation in California. The Ninth Circuit upheld a federal district court's decision that prevents California from enforcing regulations endorsed by the California Air Resources Board (CARB), which aim to reduce emissions from auxiliary engines on commercial, government and military vessels operating within regulated California waters. According to the court, the regulations are preempted by the Clean Air Act (CAA). The court said that under the CAA the Environmental Protection Agency (EPA) may authorize California to adopt emission standards. The article reports that the state is seeking such authorization.


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