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By Rajesh Joshi - Thursday 13 March 2008
California wants ships to burn cleaner fuel within 24 miles of the state.CALIFORNIA air regulators have refused to go away quietly after a major setback two weeks ago on their plan to make ships burn cleaner fuel within 24 miles of the state. This means the stop-start implementation of this unilateral law in the Golden State will continue to remain an obstacle for merchant shipping, despite a stated US position in favour of Marpol Annex VI and two clear-cut victories at the first two rungs of the US federal court system. The California Air Resources Board said in a notice to shipowners and operators this week that it would continue enforcing the state-level rule on auxiliary diesel engines while the state pursues an appeal of decision by the US Court of Appeals for the Ninth Circuit on February 27 that struck down those regulations. CARB has taken the position that federal law allows such ongoing enforcement pending further appeal. The state-level regulations were introduced effective January 1 last year. Following a legal challenge by the Pacific Merchant Shipping Association, a district court issued an injunction that forced CARB to cease enforcing the law as of August. A CARB appeal to the US Court of Appeals for the Ninth Circuit initially won the board preliminary relief pending disposal of the appeal. This enabled CARB to resume enforcement from October. The Ninth circuit decision last month meant CARB lost its case at both the district and appellate court level. Yet, in seeking to keep enforcement alive, CARB observed in its notice: “Because of significant adverse health impacts from human exposure to air pollutants emitted by ocean-going vessels in California waters, CARB has decided to resume enforcement of the regulation to protect public health in California while its appeal with the Ninth Circuit is pending.” Vessels that leave for California from their last port of call before March 14 will not be held accountable, CARB said. Leading US maritime law firm Blank Rome, in a note circulated to clients and constituents, said such an appeal has a “low probability of success”. Meanwhile, Marpol Annex-VI implementing legislation in the US remains mired in Congress. -->Bookmark and Share-->-->-->-->
California wants ships to burn cleaner fuel within 24 miles of the state.CALIFORNIA air regulators have refused to go away quietly after a major setback two weeks ago on their plan to make ships burn cleaner fuel within 24 miles of the state. This means the stop-start implementation of this unilateral law in the Golden State will continue to remain an obstacle for merchant shipping, despite a stated US position in favour of Marpol Annex VI and two clear-cut victories at the first two rungs of the US federal court system. The California Air Resources Board said in a notice to shipowners and operators this week that it would continue enforcing the state-level rule on auxiliary diesel engines while the state pursues an appeal of decision by the US Court of Appeals for the Ninth Circuit on February 27 that struck down those regulations. CARB has taken the position that federal law allows such ongoing enforcement pending further appeal. The state-level regulations were introduced effective January 1 last year. Following a legal challenge by the Pacific Merchant Shipping Association, a district court issued an injunction that forced CARB to cease enforcing the law as of August. A CARB appeal to the US Court of Appeals for the Ninth Circuit initially won the board preliminary relief pending disposal of the appeal. This enabled CARB to resume enforcement from October. The Ninth circuit decision last month meant CARB lost its case at both the district and appellate court level. Yet, in seeking to keep enforcement alive, CARB observed in its notice: “Because of significant adverse health impacts from human exposure to air pollutants emitted by ocean-going vessels in California waters, CARB has decided to resume enforcement of the regulation to protect public health in California while its appeal with the Ninth Circuit is pending.” Vessels that leave for California from their last port of call before March 14 will not be held accountable, CARB said. Leading US maritime law firm Blank Rome, in a note circulated to clients and constituents, said such an appeal has a “low probability of success”. Meanwhile, Marpol Annex-VI implementing legislation in the US remains mired in Congress. -->Bookmark and Share-->-->-->-->
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