A report published last week by the U.S. Environmental Protection Agency (EPA) concluded that the former Exide Technologies battery recycling plant and surrounding properties in southeast Los Angeles County qualify for...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
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
Rule 2305, a first-of-its-kind air district rule, will impose new costs on warehouses and the Southern California supply chain, potentially testing legal boundaries of local authority to regulate “indirect sources” of...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
The South Coast Air Quality Management District (SCAQMD) recently released a 153-page preliminary draft staff report that analyzes one of its most controversial proposed rules in recent years: the Warehouse Indirect Source...more
As industrial facilities go, distribution warehouses are clean, non-polluting operations. They generally do not operate industrial furnaces, boilers, compressors, pumps, tanks or other major stationary sources of air...more
A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. The South Coast Air Quality Management District (SCAQMD or District)...more