On April 19, 2024, WLF filed a formal comment asking the EPA to reject California’s request for authorization to implement the California Air Resources Board’s (CARB’s) In-Use Locomotive Regulation. WLF joined Steven G. Bradbury, a Distinguished Fellow at The Heritage Foundation, who authored the comment. The comment explains why EPA must deny California’s request. Despite its deceptive title as a regulation of locomotive “use,” CARB’s rule would require rail operators in California to buy or lease new locomotives or locomotive engines that meet CARB’s emissions limits. Under Supreme Court precedent, that is a regulation relating to emissions controls for new locomotives and engines that is barred under the plain language of section 209 of the Clean Air Act.


Administrative comment