The freight system—the intricate network transporting huge volumes of goods from places of manufacturing origin to the marketplace to local businesses, governments, communities, and the homes of consumers, and then waste—continues to be one of the most significant sources of pollution and environmental injustice in the United States. [...] even when applied to in-use locomotives and engines for a period equivalent to 1.33 times the useful life period, because of the significant effect such standards and requirements would have on the design and manufacture of new locomotives and new locomotive engines.”25 Broad preemption of state and local efforts to reduce locomotive pollution does not align with the text and cooperative federalis. [...] Congress adopted the Clean Air Act to “protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population” and “to encourage or otherwise promote reasonable Federal, State, and local government actions. [...] 15 state police powers encompass the control of air pollution to protect public health.37 As the Ninth Circuit noted, “[a]ir pollution prevention falls under the broad police powers of the states, which include the power to protect the health of citizens in the state.”38 Indeed, over six decades ago, the U. [...] Recognizing that any evaluation of a locomotive control measure must be considered on a case-by-case basis, we ask EPA to clarify that the ‘significant effect’ test only pertains to the manufacturing and design of new locomotives or engines used in locomotives and does not relate to the manufacturing or design of new aftermarket retrofitting emission controls, as this would exceed the scope of EPA.
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- United States of America
