Pre-emption of State Small Engine Regulation under the Clean Air Act

Oct 8, 2021 | Quiet Empowerment

The recent passage of California’s AB 1346 by the State Legislature — to prohibit engine exhaust and evaporative emissions from new small off-road engines (SORE) produced on or after January 1, 2024 — awaits the signature of Governor Newsome. If passed, the legislation raises the question of whether other states will be able adopt this new standard as permitted under the Clean Air Act.

In this article, Rick Reibstein provides some context for thinking about this issue and its relationship to the broader issue of pre-emption of small engine regulation under the Clean Air Act.

Read “How Can This Be? On the Absurdity of the Clean Air Act Preemption of State Action to Control Small Off-Road Engines“.

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