Two railroad industry groups are challenging new California regulations to cut most emissions from locomotives when they operate within the state.
The Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA) last week filed suit against the California Air Resource Board (CARB) over its In-Use Locomotive regulation.
The associations in their lawsuit say CARB lacks the legal authority to issue the locomotive regulation and they have asked the courts to pause its implementation until the conclusion of the case.
The regulation will lead to the early deactivation of more than 25,000 locomotives, according to the groups. But zero emissions locomotives have failed to become commercially available or be properly tested, making the regulations premature, they said.
The two groups said the regulation marks a departure from what they called a more collaborative approach with CARB that has led to lower locomotive emissions in the state.
"Railroads are working toward reliable, efficient zero-emissions technologies; however, they cannot simply be willed into immediate existence by policymakers," AAR president Ian Jefferies said.
California is requiring locomotives used in the state and built in 2030 or later to be either a zero-emission vehicle or zero-emission capable locomotive. Diesel-powered locomotives emit multiple air pollutants, including particulate matter, nitrogen oxide and greenhouse gases.
Starting in 2030, only locomotives less than 23 years old will be allowed to be used in the state. Passenger locomotives as well as industrial business and rail yard switching locomotives built in 2030 must be set up to operate with zero emissions. Locomotives operated by Class I freight railroads in California — only BNSF and Union Pacific (UP) — built in 2035 must operate with zero emissions.
The regulation also requires operators to pay a pre-determined amount based on the volume of emissions they create when operating in California. Operators must start funding the accounts in 2024, with monies going to pay for the purchase or lease of Tier 4 locomotives or tests of new zero-emission rail equipment.
The AAR and ASLRRA said the regulation will negatively impact Californians, driving up costs for rail-served business and bankrupting shortline railroads. The shift to freight trucks may result in more casualties and pollution, they said.
The agency did not reply to a request for comment.
