Court Clears California Rule on Ocean Vessel Fuel

A federal court cleared the way Wednesday for the California Air Resources Board to require that ocean vessels use low-sulfur diesel fuel in their main and auxiliary engines within 24 miles of the coast.

The U.S. District Court for the Eastern District of California turned down a request by the Pacific Merchant Shipping Association to prevent CARB from enforcing the regulation that became effective on Wednesday.

PMSA, which represents shipping lines and terminal operators, charged in a lawsuit that the regulation violates federal law by extending California jurisdiction beyond the state’s three-mile boundary.

“Our concerns in this case are not based upon air quality goals, but how the shipping industry can achieve emissions goals in California and on a global basis,” John McLaurin, PMSA president, said in a printed statement.

McLaurin said the CARB regulation is now law and ocean carriers calling at California ports will comply with the law. However, Wednesday’s ruling was only on PMSA’s request for an injunction and PMSA urged the court to consider the global implications of the regulation when the case is heard on its merits.

Since vessel pollution is a global problem, vessel operators seek a global solution through the International Maritime Organization. PMSA supports a U.S.-Canadian initiative to establish through the IMO a North American Emission Control Area.

“The U.S.-Canadian proposal exceeds the emission standards and requirements that are at issue in the litigation and would achieve more meaningful air quality results,” McLaurin said.

PMSA hopes to avoid a patchwork of inconsistent or conflicting vessel emission standards at ports across the country.