California emissions law not enforceable

A US federal court has ruled that California's new laws on emissions from ocean-going ships and applying up to 24 nautical miles off the coast are pre-empted by the country's federal Clean Air Act (CAA).

The court has “permanently enjoined” California Air Resources Board (CARB) it regulations. Dennis Bryant in the Maritime Spotlight pages of the Holland and Knight website notes: “The court held that the CAA applies to both new and non-new nonroad vehicles (which is how ships are categorized for purposes of this statute) and their engines. The court ruled that the US Environmental Protection Agency (EPA) had not granted California authority to adopt and enforce regulations applicable to mobile sources such as ships.” He adds: “The time has come (indeed, it is overdue) for the Congress to adopt legislation implementing MARPOL Annex VI. This will allow the federal regulation of air emissions from all ships in US waters and will allow the US to petition the IMO for designation of SECAs off various portions of the US coast, including off California.”