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: Legal Pad | LA9th Circuit rules in favor of railroad companies in pollution suit
By Richard Binder
The 9th Circuit ruled yesterday that he South Coast Air Quality Management District cannot limit pollution from idling trains because it would interfere with federal interstate commerce law.
The Interstate Commerce Commission Termination Act of 1995 says state and local laws cannot unreasonably burden interstate commerce. The air quality district's rules are preempted by the act, and its restrictions could burden interstate railroad activity, said the three-judge panel in its decision.
Air regulators imposed those restrictions in 2005 and 2006. The California Air Resources Board said diesel emissions from trains, trucks and ships are to blame for 2,100 early deaths each year.
The judges did note that if the restrictions were incorporated into the state's environmental regulations and approved by the federal Environmental Protection Agency, they could gain the force of law.
Full post as published by Legal Pad | LA on September 16, 2010 (boomark / email).
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