To illustrate how California can effectively regulate the emissions from auxiliary engines on ocean-going vessels, Part I will provide an overview of California's regulatory authority in this area. It will then illustrate how CARB responded to the harms caused by the regulatory failures at the international and national level with the Marine Vessel Rules. Part II provides an overview of the Marine Vessel Rules and the procedural history that led to the Ninth Circuit's decision in Pacific Merchant. Part III examines the reasoning of Pacific Merchant in determining the Marine Vessel Rules were a preempted emission standard. Part IV discusses how California responded to the ruling by seeking authorization on the Marine Vessel Rules and promulgating new in-use regulations, and suggests that a better option would be for California to instead seek authorization on the new rules. Finally, Part V concludes by noting California is in the unique position of being able to get authorization from the EPA, and that option should be utilized in addressing global climate change.
Out the Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, 39 Golden Gate U. L. Rev.