The D.C. Circuit Court of Appeals has denied a petition for review filed by the American Trucking Associations challenging California’s rule imposing emissions standards on refrigeration units in trucks. Am. Trucking Ass’ns, Inc. v. EPA, No. 09-1990 (D.C. Cir. 04/02/10). Petitioners argued that the California standards would require compliance by almost all trucks nationwide, thus precluding the other 49 states from exercising their rights under the Clean Air Act. The California Air Resources Board issued the standards in 2008 with EPA approval. They are estimated to reduce diesel
particulate matter emissions 75 percent by 2010
and 85 percent by 2020.
The court denied the challenge in a 2-1 decision. The majority ruled that EPA reviewed the California standards as required by the Clean Air Act and did not ignore trucking industry concerns when it conducted that review. The dissenting judge agreed with petitioners that EPA overlooked the industry’s concerns.