• Ninth Circuit Looks to Practical Effect of Clean Air Act Challenge to Determine Proper Forum
  • June 24, 2015 | Author: Christopher G. Foster
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In 2008, the California Air Resources Board (CARB) adopted a regulation requiring heavy-duty diesel trucks to be upgraded with pollution filters and lower emission engines. The regulation was to be incorporated into California’s State Implementation Plan (SIP) to help meet EPA’s National Ambient Air Quality Standards (NAAQS) for fine particulate matter and ozone. The California Dump Truck Owners Association (Association) filed an action in federal district court to stop enforcement of the regulation. The Association claimed that under the Supremacy Clause of the United States Constitution, the regulation was preempted by the Federal Aviation Administration Authorization Act (FAAAA), which prohibits states from enacting regulations related to price, route or service of any motor carrier with respect to the transportation of property. The Association sought a declaration that the FAAAA preempted the regulation and an injunction against its enforcement by CARB.