Industry claims an emissions-standard victory

May 4, 2004
In a victory for the transportation construction industry, the U

In a victory for the transportation construction industry, the U.S.

In a victory for the transportation construction industry, the U

In a victory for the transportation construction industry, the U.S. Supreme Court has ruled that state and local governments cannot impose their own air quality emissions standards for certain equipment, truck and automobile fleets.

At issue was a plan by the South Coast Air Quality Management District to prohibit private companies and public agencies in the Los Angeles area from purchasing or leasing vehicles by certain fleet operators that did not meet stringent emissions requirements.

The Engine Manufacturers Association filed a lawsuit challenging the agency's proposal in August 2000. The American Road & Transportation Builders Association (ARTBA) filed three "friend of the court" briefs throughout the case on behalf of its members arguing state and local governments were pre-empted from setting such emissions standards by the federal Clean Air Act (CAA). The association also said it would be unreasonable to force transportation contractors to maintain separate fleets of equipment and vehicles according to the separate air quality regulations for every state--or even city--where they conducted business.

In the 8-1 decision, the court agreed with ARTBA, saying Congress did not intend for state and local units of government to be able to set their own set of engine standards. Under the CAA, the federal government has the authority to ensure uniform air quality standards nationwide, Justice Antonin Scalia said in issuing the court's decision. It does not matter whether such restrictions are placed on the manufacturer or purchaser of such engines--all such restrictions are pre-empted by the CAA, the court said.

Sponsored Recommendations

The Science Behind Sustainable Concrete Sealing Solutions

Extend the lifespan and durability of any concrete. PoreShield is a USDA BioPreferred product and is approved for residential, commercial, and industrial use. It works great above...

Powerful Concrete Protection For ANY Application

PoreShield protects concrete surfaces from water, deicing salts, oil and grease stains, and weather extremes. It's just as effective on major interstates as it is on backyard ...

Concrete Protection That’s Easy on the Environment and Tough to Beat

PoreShield's concrete penetration capabilities go just as deep as our American roots. PoreShield is a plant-based, eco-friendly alternative to solvent-based concrete sealers.

Proven Concrete Protection That’s Safe & Sustainable

Real-life DOT field tests and university researchers have found that PoreShieldTM lasts for 10+ years and extends the life of concrete.