According to the federal 9th Circuit Court of Appeal, the South Coast Air Quality Management District (SCAQMD) rules on emission limits and reporting for idling trains, are preempted by federal law (the deregulatory ICC Termination Act of 1995).  The SCAQMD’s rules were found to be specific to rail operations and therefore intruding into an area of exclusively federal rulemaking.  The 9th Circuit upheld the trial court ruling that these rules are preempted and thus not enforceable.  (AAR v. SCAQMD, 9th Circuit No. 07-55804, September 15, 2010)

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