Supreme Court Hears Arguments on California Fleet Rule

[Judi Lynn]

6:27 PM PST, January 14, 2004


Supreme Court Hears Arguments on California Fleet Rule

By David G. Savage, Times Staff Writer


WASHINGTON -- Lawyers for the makers of diesel engines, the oil industry and the Bush administration on Wednesday urged the Supreme Court to throw out an anti-pollution rule that has been in effect in Southern California for two years. It requires the buyers of new buses, garbage trucks, airport shuttles and other fleet vehicles to choose cleaner-burning engines.

The rule, adopted by the South Coast Air Quality Management District, sought to replace the region's diesel engines over a decade with newer models now on the market, including trucks powered by natural gas. It applies to cities in Los Angeles, Orange, Riverside and San Bernardino counties and the U.S. Postal Service, as well as to private firms that haul trash or shuttle travelers to airports.

Air-quality regulators said 70 percent of the cancer risk from bad air comes from diesel particles. The smog is also blamed for an increase in asthma, especially among children.

Advocates for the diesel industry and the administration said the Southern California rule violated the federal Clean Air Act. (snip)

(snip)The anti-pollution rulewas defended by Seth Waxman, a Washington lawyer who served as President Clinton's solicitor general. He argued that the Clean Air Act barred states and cities from imposing regulatory requirements on vehicle manufacturers. However, it does not affect the purchasing policies of states and cities, he argued.
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http://www.latimes.com/news/nationworld/nation/la-na-scotus15jan15,1,1208704.story?coll=la-home-headlines