CARB Approves Regulation To Reduce Railroad Emissions

On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the state. Specifically, the "In-Use Locomotive Regulation" would ban locomotive engines that are more than 23 years old by January 1, 2030, increase the use of zero-emissions ("ZE") technology to transport freight from ports and throughout railyards, and prohibit locomotives that are equipped with automatic start/stop systems from idling for longer than 30 minutes.

The regulation would also create spending accounts whereby certain locomotive operators are required to deposit funds annually into the spending account starting on or before July 1, 2024, and every July 1 thereafter, based on the amount of particulate matter and nitrogen oxide emissions emitted by locomotive operators during the previous calendar year. The spending account funds may only