March 12, 2008
California to again enforce auxiliary diesel reg
The California Air Resources Board (ARB) has decided to continue to enforce its Ocean-Going Vessel Auxiliary Diesel Engine Regulation while litigation involving the regulation remains active
ARB temporarily ceased enforcing the regulation after a February 27, 2008 ruling by a three-judge panel of the U.S. Ninth Circuit issued a ruling holding that the regulation was preempted under federal law.
Now ARB maintains that under federal court rules, reinstatement of the district court's injunction has not yet become effective in order to permit ARB an opportunity to seek further appeals and ARB has decided to pursue such an appeal.
"Because of the significant adverse health impacts from human exposure to the air pollutants emitted by ocean-going vessels in California waters, ARB has decided to resume enforcement of the regulation, as permitted under federal law, in order to protect public health in California while its appeal with the Ninth Circuit is pending," says a notice to shipowners dated March 10.
The ARB will now continue enforcing the regulation while further appeals are pending. However, ARB will not be enforcing the regulation against any vessel that left its last port-of-call before March 14, 2008 on its way to California.