ELR Citation: 54 ELR 20136
No(s). 2:23-cv-01154-DJC-JDP (E.D. Cal. Sep 30, 2024) (Calabretta, J.)

A district court denied industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years old, was preempted by the Interstate Commerce Commission Termination Act. The court found that because EPA has not yet ruled on the state's request for authorization of the regulation under §209 of the CAA, it would be premature to rule on the groups' motion. It stayed the matter pending a ruling on the authorization request.