Engine Manufacturers Ass. To Appeal California Federal Court Ruling

    CHICAGO--Aug. 24, 2001--The Engine Manufacturers Association (EMA) said today it will appeal a ruling by the United States District Court for the Central District of California. The Court held that the South Coast Air Quality Management District (SCAQMD) has independent authority to ban and otherwise regulate the purchasing and leasing of new vehicles by fleet operators. EMA contends that such regulations violate the federal Clean Air Act and is seeking declaratory and injunctive relief.
    "EMA takes issue with two key elements of the court's decision," said Jed Mandel, EMA General Counsel. "First, we dispute the court's reasoning that prohibiting the purchase of certain engines or vehicles is different from prohibiting their sale. By regulating which new engines or vehicles customers can purchase, SCAQMD has in fact banned the purchase and sale of specific engine technologies - regardless of how low their emissions levels are. That ban is in direct violation of the federal Clean Air Act.
    "Second, the court's rationale, if allowed to stand, could allow each locality across the country to establish its own separate emissions and purchasing requirements, forcing engine manufacturers to build engines in compliance with a chaotic patchwork of multiple standards. Such an outcome would be directly contrary to the intent of Congress as expressed in the Clean Air Act.
    "In sum, the District Court's ruling is logically inconsistent and at odds with both the letter and spirit of the Clean Air Act. We are confident that we will prevail on appeal," Mandel said.

    The Engine Manufacturers Association is a trade association representing worldwide manufacturers of internal combustion engines used in applications such as trucks and buses, farm and construction equipment, locomotives, marine vessels, and lawn, garden and utility equipment. EMA works with government and industry stakeholders to help the nation achieve its goals of cleaner fuels, more efficient engines and cleaner air.