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CARB

01 July 2020

D.C. Circuit Declares Tolling Orders Impermissible Under the Natural Gas Act

On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ruled en banc 10-1 in Allegheny Defense Project v. FERC to invalidate the Federal Energy Regulatory Commission’s (FERC) common practice of issuing tolling orders to extend the time for deciding rehearing requests under the Natural Gas Act (NGA) beyond the 30-day deadline set forth in the statute. The court found that a tolling order, in which FERC “grants rehearing” for the limited purpose of affording it additional time to act on a rehearing request, does not constitute “action” upon the rehearing request as required by the NGA. The decision reversed the approximately 50-year old D.C. Circuit precedent upholding the tolling order practice as permissible. The court derided the practice as an unauthorized way for FERC to stall for time while precluding parties aggrieved by FERC orders from seeking judicial review.

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30 June 2020

California Air Resources Board “First-in-World Rule” Mandates Manufacturers to Increase Percentage of Zero-Emission Truck Sales

On June 25, 2020, the California Air Resources Board (CARB) passed the Advanced Clean Trucks (ACT) regulation, which CARB describes as a “first-in-the-world rule.” Starting in 2024, the regulation requires medium- and heavy-duty truck manufacturers to increase the sales of zero-emission models. The ACT regulation follows the state’s longstanding Zero Emission Vehicle program and 2018 mandate requiring public transit agencies to transition to 100 percent zero-emission bus fleets by 2040.

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