Settlement Resolves Litigation Challenging Southern California Clean Fleet Rules

A federal judge has authorized a settlement agreement between the South Coast Air Quality Management District (AQMD) and diesel engine makers after seven years of litigation. The agreement allows the regional air district to continue enforcing its clean fleet rules. AQMD’s clean fleet rules, adopted in 2000 and 2001, require fleet operators of 15 or more vehicles to purchase clean-fueled vehicles, such as ones operating on natural gas, when they replace or add vehicles to their fleet. The Engine Manufacturers Association and the Western States Petroleum Association had challenged the rules claiming that they were preempted by the federal Clean Air Act.

The effect of the parties’ agreement is that AQMD’s clean fleet rules will continue to apply to all fleets owned by state and local governments, as well as private companies that are under contract to, or operating under, an exclusive license or a franchise with state or local governments. The rules will not apply to fleets owned by the federal government or to fleets owned by private companies not under contract to state and local governments.

AQMD has been enforcing the rules since 2005. In 2007, AQMD reported that the rules had resulted in the purchase of more than 6,000 low-emitting vehicles.

For further information about this topic, please contact Akin Gump.



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