Engine Manufacturers Ass'n v. South Coast Air Quality Management District

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

I. Background

A. The Parties

Plaintiff Engine Manufacturers Association (“EMA”) is the not-for-profit trade association representing the leading manufacturers of internal combustion engines used in most all medium-duty and heavy-duty motor vehicles, other than passenger cars. EMA members manufacture the medium-duty and heavy-duty compression-ignition, diesel-fueled engines that are installed in certain pickup trucks and sports-utility vehicles, delivery vans, shuttle vans, and cargo vehicles, trucks, tractor-trailers, waste haulers, street-sweepers and buses, and sold throughout the United States.

Plaintiff-in-Intervention Western States Petroleum Association (“WSPA”) is a trade association organized as a nonprofit corporation under California law. Its members consist of companies engaged in the exploration, production, transportation, refining and marketing of crude oil and petroleum products, including diesel fuel.

Defendant South Coast Air Quality Management District (“SCAQMD”) is the ail quality management district established under the California Health and Safety Code to develop and implement a strategy for achieving and…