Goldstene

In this interlocutory appeal, Plaintiff Pacific Merchant Shipping Association (“PMSA”) appeals from the District Court’s denial of its motion for summary judgment in its action against Defendant James Goldstene, the Executive Officer of the California Air Resources Board (“CARB”). PMSA has challenged, on federal statutory and constitutional grounds, California fuel use regulations (known as the “Vessel Fuel Rules”) insofar as they purport to apply to sea-going vessels located more than 3 miles from the California coast. We will affirm.

I.

On April 16, 2009, CARB transmitted the “Vessel Fuel Rules” to the California Secretary of State for filing pursuant to state law, and the regulations went into effect as planned on July 1, 2009. As the District Court noted, the express purpose of the Vessel Fuel Rules “is to reduce air pollutants affecting the State of California by requiring ocean-going vessels to use cleaner marine fuels.” (ER24 (footnote added).) The regulations were adopted only after a lengthy process that included consultation with the public, state and local agencies, and the federal government.

The Vessel Fuel Rules mandate that vessel operators “use cleaner…