Calif. Diesel Engine Rules Not Preempted: 9th Circ.

Law360, New York (May 27, 2011, 6:57 PM EDT) -- The Ninth Circuit on Friday denied an appeal by a California farm, ruling that the Monterey Bay Unified Air Pollution Control District's registration and fee requirements for diesel engine owners are not preempted by the federal Clean Air Act.

The appeals court affirmed a decision that said the fee and registration rules set by the district's air pollution agency do not fall under the CAA's provision preempting states from setting emissions standards for mobile sources because they do not control emissions.

"Because [the rules] are only...
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