Cackette

I. Facts

The Clean Air Act Amendments of 1990 created a scheme for the regulation of emissions from nonroad sources such as lawnmowers, bulldozers, locomotives, and marine vessels. See Engine Mfrs. Ass’n v. U.S. Envtl. Prot. Agency, 88 F.3d 1075, 1078 (D.C. Cir. 1996) (“EMA”). The amendments gov- PACIFIC MERCHANT SHIPPING v. GOLDSTENE 1741 erning emissions from nonroad sources reflect the basic struc- ture of the Clean Air Act, which “makes the States and the Federal Government partners in the struggle against air pollu- tion,” but sought to avoid “an anarchic patchwork of federal and state regulatory programs.” EMA, 88 F.3d at 1078, 1079 (quotation omitted). The 1990 amendments granted the fed- eral government the authority to promulgate “regulations con- taining standards applicable to emissions from . . . new nonroad engines and new nonroad vehicles.” Clean Air Act § 213(a)(3), 42 U.S.C. § 7547(a)(3).1 On the other hand, Con- gress expressly preempted state regulation of emissions from new engines used in construction and farm equipment, new engines smaller than 175 horsepower, and new locomotive engines. Clean Air Act § 209(e)(1), 42 U.S.C. § 7543(e)(1).2 1…