Coalition Letter Opposition to the California Air Resources Board In-Use Locomotive Regulation
Re: Opposition to the California Air Resources Board In-Use Locomotive Regulation Docket EPA-HQ-OAR-2023-0574
We, the undersigned individuals and representatives of national organizations and think tanks representing millions of taxpayers and consumers, write to express our strong opposition to the California Air Resources Board (CARB) rule regarding diesel locomotives. As advocates for accountable and responsible governance, economic opportunity and prosperity, consumer welfare, and taxpayer protection, we believe that this regulation sets a dangerous precedent for American commerce and consumers. This will have negative consequences that are not restricted to California. Therefore, we urge the Environmental Protection Agency (EPA) to reject the Clean Air Act (CAA) waiver request.
CARB’s recent mandate for diesel locomotives, as reported in various media outlets including National Review, The Wall Street Journal, and Washington Examiner, is deeply concerning. The new rules would put in place emissions standards that are both unreasonable and unworkable. CARB’s unilateral imposition of unachievable and unrealistic technological requirements on locomotive manufacturers threatens to disrupt vital supply chains and transportation links on which American consumers and industry rely. Their rule will exacerbate delays and disruptions and increase inflationary pressures.
CARB’s failure to engage productively with the industry or their millions of customers during the drafting of this onerous mandate demonstrates that the rule prioritizes politics over practical public policy. A lack of industry dialogue has highlighted the infeasibility of CARB’s proposed rule due to significant resource and technological challenges.
Freight rail locomotives play a crucial role in hauling commercial cargo and industrial products across vast distances efficiently and safely. American freight railroads are recognized as the cleanest and safest means of long-haul transportation in the nation. Yet, CARB continues to target the rail industry with unparalleled regulations.
The primary concern with CARB’s rule is its imposition of deadlines and standards that exceed current technological capabilities. Reputable institutions, such as the Competitive Enterprise Institute, The Heritage Foundation, and Washington Legal Foundation, have emphasized the technological infeasibility of CARB’s emission mandate. Such unrealistic requirements place an excessive burden on manufacturers, railroads, and suppliers. This will hinder economic growth, stifle supply chains, and threaten innovation and investment.
Additionally, the CARB regulation mandates railroads deposit significant funds into a California-created and California-managed account. This diverts crucial resources away from capacity enhancements, infrastructure upgrades, safety and service projects, and technology improvements. Redirecting as much as 20 percent of annual investments into one account threatens the ability of railroads to invest in their future, especially when it comes to equipment, service, and the workforce.
Furthermore, approving this California rule would set a troubling precedent of federal acquiescence to state overreach. Allowing individual states to dictate nationwide standards undermines regulatory consistency and creates a patchwork of conflicting regulations that will only serve to hinder interstate commerce in freight rail, an already over-regulated industry. Unelected bureaucrats and regulators in California should not be able to dictate national supply chain standards or transportation policy for the rest of the nation.
Ultimately, the negative impact of this CARB rule on commerce and consumers cannot be overstated. It will drive up labor, production, shipping, and supply chain costs. This will create higher prices for goods and services for consumers of goods reliant on rail transportation. At a time when the federal government is focused on driving down inflation, this is the last thing the administration should consider or approve.
We urge the agency to reject CARB’s request for a CAA waiver, and instead advocate for a more balanced, collaborative, and scientific approach. Protecting communities and the environment need not require burdensome regulation. Rather, a sensible approach would engage industry stakeholders, foster economic growth, promote innovation, and protect taxpayers and consumers.
Thank you for your consideration of this critical issue.
Sincerely,
David Williams
President
Taxpayers Protection Alliance
Melissa Melendez
Director of State Chapters & Executive Director for AFPI-California
America First Policy Institute
Douglas Holtz-Eakin
American Action Forum*
Phil Kerpen
President
American Commitment
Steve Pociask
President & CEO
The American Consumer Institute
Tom Pyle
President
American Energy Alliance
Richard Manning
President
Americans for Limited Government
Marc Marie
Regulatory Policy Fellow
Americans for Prosperity
Ryan Ellis
President & CEO
Center for a Free Economy
Craig Rucker
President
Committee for a Constructive Tomorrow
Patricia Patnode
Research Fellow
Competitive Enterprise Institute
Matthew Kandrach
President
Consumer Action for a Strong Economy
Yaël Ossowski
Deputy Director
Consumer Choice Center
David H. Safavian
Executive Vice President and General Counsel
CPAC
David Wallace
Founder
FAIR Energy Foundation
Phillip L. Bell
Director of External Relations
FreedomWorks
George Landrith
President
Frontiers of Freedom
James Taylor
President
The Heartland Institute
Cameron Sholty
Executive Director
Heartland Impact
Ryan Walker
Executive Vice President
Heritage Action
David R. Henderson
Hoover Institution, Stanford University*
Andrew Langer
President
Institute for Liberty
Tom Giovanetti
President
Institute for Policy Innovation
Ike Brannon
Jack Kemp Foundation*
Alfredo Ortiz
CEO
Job Creators Network
Charles Sauer
President
Market Institute
Patrick McLaughlin
Mercatus Center, George Mason University* *Organization listed for identification purposes only
Pete Sepp
President
National Taxpayers Union
John Tamny
President
Parkview Institute
Karen Kerrigan
President & CEO
Small Business & Entrepreneurship Council
Stephen Moore
Co-Founder
Unleash Prosperity Now
Norm Singleton
Senior Fellow
U.S. Policy
James L. Martin
Founder/Chairman
60 Plus Association
Saulius “Saul” Anuzis
President
60 Plus Association