Railroads association sue CARB for going too fast on zero-emissions locomotives

In California, the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA), on behalf of their members, filed suit against the California Air Resources Board (CARB) in the Eastern District of California over the In-Use Locomotive regulation. The CARB rule would limit the useful life of today’s locomotive fleet (over 25,000 locomotives) and mandate their premature replacement with zero-emissions locomotives. This technology has not been sufficiently tested in prototype or operational service and is not commercially available on the market today. In the past, railroads have worked with CARB to further initiatives that have dramatically enhanced air quality surrounding operations in the state and helped pave the way for more sustainable operations across the nation.

California has long been the proving ground where the railroads and CARB have partnered and worked collaboratively to drive significant reductions in emissions. Railroads’ partnerships with CARB in past years have successfully reduced emissions from line haul and yard operations across the state. Initiatives such as zero-emission cranes, yard service vehicles and other technology are at work in yards across California and the nation as anti-idling systems, fuel management systems and the use of renewable fuels are simultaneously reducing locomotive emissions.

Today, the industry continues to pilot emerging technologies such as battery-electric and fuel-cell locomotives that can potentially reduce greenhouse gas emissions and criteria pollutants across the state and nationwide. However, despite billions in investments and an industry-wide push to unlock a zero-emissions solution, a clear technological path has not yet emerged and will require additional testing and development.

Throughout the rulemaking process, railroads, suppliers and other stakeholders made clear the entire industry is working to develop and test zero-emissions technologies and the supporting infrastructure capable of powering the complex, interconnected rail industry. Although significant progress has been made in recent years, these same parties argued before CARB that zero-emissions locomotives are not yet commercially viable. Despite these arguments and the unavailability of qualifying zero-emission locomotives, the CARB rule would begin charging railroads that operate locomotives within the state billions of dollars annually starting when the rule is expected to go into effect in October 2023.