Rail Trade Sues to Block CARB’s Emission Guidelines

[Stay on top of transportation news: Get TTNews in your inbox.]

SACRAMENTO, Calif. — The railroad trade on June 16 sued to dam new environmental guidelines in California, arguing they might drive the untimely retirement of about 25,000 diesel-powered locomotives throughout the nation lengthy earlier than their zero-emission counterparts are able to take their place.

California’s aggressive technique to combat local weather change by weaning the state off fossil fuels has produced a number of the world’s hardest environmental rules up to now few years. Since 2020, the state has OK’d guidelines that may ban the sale of recent gas-powered vehicles, garden tools and vehicles by the center of the following decade.

These guidelines are designed to slowly section out gas- and diesel-powered merchandise by banning the sale of most new flamable engines. However the guidelines governing railroads would ban using locomotives greater than 23 years outdated beginning in 2030 and would drive railroads to begin setting apart greater than $1 billion a yr beginning this fall solely to buy zero-emission locomotives and associated tools. As a result of essential function California ports maintain and the best way railroads go off trains to one another, the state’s mandate would have big results nationwide.

In a lawsuit filed in federal court docket, the trade says the know-how for zero-emission locomotives hasn’t been sufficiently examined and received’t be prepared to hold the load of delivering greater than 30 million carloads of freight nationwide annually.

The lawsuit asks a decide to declare the California Air Sources Board doesn’t have the authority to difficulty these guidelines. The commerce teams say that solely the federal authorities can regulate railroads as a result of it’s an interconnected trade that crosses state traces. They notice that greater than 500 firms all share the 180,000 miles of monitor throughout 49 states, Canada and Mexico.

“Whereas the urgency to behave is actual and unquestionable, CARB (the California Air Sources Board) makes use of unreasonable, flawed assumptions to assist a rule that won’t end in emissions reductions,” mentioned Ian Jefferies, president and CEO of the Affiliation of American Railroads, an trade commerce affiliation that filed the lawsuit together with the American Quick Line and Regional Railroad Affiliation. “Railroads are working towards dependable, environment friendly zero-emissions applied sciences; nevertheless, they can not merely be willed into quick existence by policymakers.”

The railroad teams say of their lawsuit that the foundations present regulators’ “lack of expertise with and understanding of the railroad trade.”

One other argument from opponents of the California rule is that transporting items by way of railways contributes fewer planet-warming emissions than if these items have been trucked. The transportation sector contributed the most important share of greenhouse gasoline emissions in 2021, however rail solely made up 2% of these emissions, in keeping with the U.S. Environmental Safety Company.

Regulators didn’t instantly reply June 16 after the lawsuit was filed. They are saying they have to transfer shortly given the scope of the emissions issues from locomotives. The California Air Sources Board says the foundations will dramatically scale back air pollution from nitrogen oxides, which contribute to the formation of smog, and a kind of tiny pollution that may penetrate deep into an individual’s lungs and has been linked to most cancers. The board estimates it should save $32 billion in well being care prices and forestall 3,200 untimely deaths.

A Union Pacific practice travels by way of Union, Neb. (Nati Harnik/Related Press)

Adrian Martinez, a lawyer with environmental nonprofit Earthjustice, referred to as the destiny of the California rule “a matter of life and loss of life.”

“There’s typically been a reckless disregard from the rail trade for saving lives from air air pollution, and that is simply one other feather of their cap of their pursuit of continuous to burn actually soiled diesel gasoline,” Martinez mentioned of the lawsuit.

The EPA mentioned final fall that it’s going to contemplate toughening its guidelines for locomotive air pollution that have been final up to date in 2008, however California regulators acted first. The California rule would want approval from the EPA to maneuver ahead.

California has a number of the worst air high quality within the nation, principally due to its bustling transportation sector. The state is residence to 2 of the busiest ports on this planet at Los Angeles and Lengthy Seaside. Most of that cargo is shipped to warehouses additional inland earlier than getting on trains to be transported all through the nation.

The highest 4 most polluted cities for ozone and year-round particle air pollution within the U.S. are all in California, in keeping with the American Lung Affiliation’s 2023 State of the Air report.

The brand new California guidelines would have the largest impact on Union Pacific and BNSF and short-line railroads that function in that state. However the modifications would have an effect on each railroad as a result of all of them usually go locomotives forwards and backwards to maintain trains transferring effectively throughout the nation. A single locomotive may cross the complete nation each couple of months. Any modifications must be standardized throughout the trade.

The main freight railroads are already working with main producers to check out battery-powered locomotives with the primary ones beginning to roll out to Union Pacific railyards in Nebraska and California this yr. They’re additionally experimenting with various fuels like hydrogen as potential replacements for his or her diesel-powered workhorses.

One of many main locomotive makers, Wabtec, instructed California regulators that it’s at the least a pair years away from having battery-powered locomotive prototypes prepared for widespread exams hauling freight over lengthy distances, though it did attempt one out with BNSF for a number of months in 2021. Wabtec additionally mentioned a number of the different applied sciences like hydrogen energy face challenges associated to the provision of that gasoline and the necessity for a completely new fueling community. And battery producers might have already got a tough time maintaining with all of the demand from electrical vehicles, even with out upgrading hundreds of locomotives.

Railroads favor to maintain utilizing locomotives for many years after they purchase them. Simply final yr, each Union Pacific and Norfolk Southern introduced plans to modernize tons of of locomotives of their fleets to increase their helpful life and scale back their carbon emissions. These upgrades don’t do a lot to cut back the quantity of particulate matter and nitrogen oxide emissions these locomotives produce, however the trade has made progress with these additionally. These emissions are related to elevated most cancers dangers and different well being issues — significantly in neighborhoods round railyards.

Funk reported from Omaha, Neb. Related Press reporter Sophie Austin contributed from Sacramento, Calif.

Need extra information? Hearken to as we speak’s day by day briefing beneath or go right here for more information: