Engine Manufacturers Ass'n v. State Air Resources Board

Engine Manufacturers Association (EMA) challenges certain regulations adopted by the State Air Resources Board (commonly referred to by the acronym CARB) requiring engine manufacturers to obtain a sample of emissions of in-use heavy-duty engines equipped with onboard diagnostic (OBD) systems that are nearing the end of their certified useful life and conduct a series of tests on these engines “to assure that engines certified for sale in California are equipped with OBD systems that properly function.” (Cal. Code Regs., tit. 13, § 1971.5, subd. (a)(2); see id., subds. (a)(1), (c).) The challenged regulations also contain provisions requiring CARB to order the recall and repair of all engines that have been determined to be equipped with a nonconforming OBD system where certain conditions exist. (Id., subd. (d)(3).) EMA’s operative complaint sought a judicial declaration that the challenged regulations, which will be described in greater detail in the background portion of this opinion, are in excess of CARB’s statutory authority and therefore invalid. The trial court granted EMA’s motion for judgment on the pleadings and declared the challenged regulations invalid. CARB…