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California’s effort to regulate greenhouse gases has placed substantial long-term regulatory authority with the California Air Resources Board (CARB), which is scheduled to roll out new regulations over many years to come affecting commerce, industry and the people of California.  One recent proposed CARB regulation will require significant emission reduction measures at California terminals for container, passenger and refrigerated cargo vessels.  The new CARB regulation recognizes multiple emission technologies including cold-ironing (where ships turn off their engines and plug into dockside electricity), exhaust capture and scrubbing devices and other technologies, with differing multi-year phase-ins for emission reductions depending on the technology used.  In addition to container terminals, the new CARB rule will affect passenger cruise ship terminals at San Francisco, Los Angeles, Long Beach, and San Diego, and refrigerated cargo terminals at San Diego and the Port of Hueneme.  Terminal operators will be required to file compliance plans in advance with local ports, and with CARB in some cases.  Bulk cargo, general cargo and vehicle carriers and terminals will be covered in future regulations.  Meanwhile, the Pacific Merchant Shipping Association (PMSA) has again prevailed at the federal Ninth Circuit Court of Appeal which declined to reconsider its own ruling preempting another CARB regulation, which had ships calling at California ports to use low-sulfur fuel in their auxiliary engines within 24 nautical miles of the California coast.  The Ninth Circuit found that the specific CARB rule in question is preempted by the federal Clean Air Act, and has enjoined its enforcement.  (PMSA v. Goldstene, Ninth Circuit No. 07-16695, April 21, 2008)

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