Western States Petroleum Association v. California Air Resources Board

The California Court of Appeal held that a trial court properly denied a petition for writ of mandate challenging the California Air Resources Board’s (CARB’s) Control Measure for Ocean-Going Vessels at Berth. The regulation limits emissions of nitrogen oxides, particulate matter, greenhouse gas, and ammonia from equipment on ocean-going vessels while at berth. CARB adopted the regulation in August 2020, and a Superior Court upheld the rule in 2023. The appellate court found that the petitioner did not establish that CARB lacked evidentiary support or acted arbitrarily and capriciously in determining that complying with the regulation’s emissions capture and control or shore power requirements would be feasible. In addition, the Court of Appeal found that CARB substantially complied with the Administrative Procedure Act and did not violate the California Environmental Quality Act.