Efforts to regulate warehouses and distribution uses are not isolated to the local development moratoria and zoning code updates. At the state and regional level, the State Attorney General’s Office and regulatory agencies,...more
A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. On December 14, 2023, a US federal judge rejected claims that...more
Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District...more
Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more
A federal court heard motions for summary judgment in challenge to first-in-nation rule requiring warehouses to adopt clean technologies. By Joshua Bledsoe, Nick Cox, and Jennifer Garlock On April 17, 2023, a US federal judge...more
A local air district in Southern California approved a rule requiring warehouses to reduce trucking emissions and adopt clean technologies or pay a mitigation fee. Latham & Watkins attorneys examine it's requirements and say...more
The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court. On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more
On February 23, 2021, Benesch published an article on titled Government Gone Wild! Another First-Of-Its-Kind Regulations Targets the Logistics Industry. The article examined California’s South Coast Air Quality Management...more
South Coast Air Quality Management District Adopts Indirect Source Rule for Warehouses - Earlier this month, the South Coast Air Quality Management District (SCAQMD) adopted Rule 2305 or the Warehouse Indirect Source Rule...more
A local air district approved a rule requiring warehouses to adopt clean technologies or pay a mitigation fee. At a contentious board hearing on May 7, 2021, the South Coast Air Quality Management District (SCAQMD) approved a...more
The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus...more
The early days of the Biden Administration have given commercial users and providers of transportation and logistics services a lot to consider. In the first week of his presidency alone, President Biden signed 22 executive...more
New Rules on the Horizon to Reduce Emissions and Improve Air Quality - Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more