California SECA Regulations Upheld by Supreme Court

The US Supreme Court voted not to review the Ninth Circuit Court’s opinion upholding the California ocean-going vessel fuel regulations

The Court did not provide an explanation of why it decided not to take this particular case.

No further legal action is being considered. All ocean-going vessels calling at California’s ports are required to comply with these regulations when the vessel comes within 24 miles of the Californian coast. See the article in WN 27/2012 for the most recent advisory issued by the California Air Resources Board (CARB) regarding these regulations.

Background

In July 2011 INTERTANKO joined an industry coalition in filing an amicus curiae brief in support of the Pacific Merchant Shipping Association’s (PMSA) petition Supreme Court review of the 9th Circuit’s decision upholding the constitutionality of the California vessel fuel sulphur restrictions.

After the initial round of briefing, the Court invited the Solicitor General in the US Department of Justice to file a brief expressing the views of the US Government as to whether the Court should hear the case. The Solicitor General filed that brief and recommended that PMSA’s petition be denied.