Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...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
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
On September 30, 2022, a group of environmental justice advocates, New York City Council member, Alexa Aviles, and New York State Assembly member, Marcela Mitaynes, filed an application with the New York City Department of...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
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
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 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