EPA decision pits ‘Amtrak Joe’ against the railroads, again
President Biden’s White House Intervenes in Railroads Dispute
The Environmental Protection Agency (EPA), under President Joe Biden’s administration, has taken a stance in the ongoing dispute involving America’s railroads. In a move that supports California’s efforts to reduce emissions, the EPA has made it easier for the state to require railroads to replace diesel-powered locomotives with electric or lower-emission alternatives.
“The California locomotive regulation is unreasonable, based on flawed assumptions and mandates technology that is not viable or commercially available today, particularly at scale,”
– Ted Greener, spokesman for the Association of American Railroads
The railroads’ trade group has been fighting against this law in court, but the EPA’s preemption waiver, effective from December 8, has made their legal battle even more challenging. California Attorney General Rob Bonta, a Democrat, has already filed for the dismissal of the lawsuit, citing the Biden administration’s action as support.
Previously, federal law had preempted state law on railroad emission regulations due to interstate commerce concerns. The federal government believed that most railroad regulations, including emissions, should be handled at the federal level.
This EPA waiver aligns with President Biden’s broader agenda to reduce carbon emissions and transition American vehicles from combustion engines to electric power.
“President Biden has set an ambitious U.S. goal of achieving a carbon pollution-free power sector by 2035 and net zero emissions economy by no later than 2050,”
– The White House’s website
The railroads argue that they are already relatively “clean” compared to other transportation alternatives, such as trucking. They warn that if railroads, responsible for less than 1% of U.S. emissions, face restrictions, it would negatively impact businesses and consumers by reducing affordable and environmentally friendly transportation options.
In response to the railroads’ claims that electric or non-diesel-powered locomotives are not viable alternatives, Attorney General Bonta presents some compelling evidence. He highlights that the Pacific Harbor Line has received a new battery-electric locomotive for evaluation and use, while the Sierra Northern Railway has been granted $15.6 million to convert diesel locomotives to run on hydrogen.
Oral arguments regarding this dispute are scheduled for January 9.
President Biden, known as “Amtrak Joe” during his time as a Democratic senator, was expected to be a cooperative partner for the railroads. However, their hopes were only partially fulfilled when Biden supported legislation to avert a major railroad strike last year. This support came after his own appointees to the National Mediation Board contributed to the strike by prematurely ending negotiations.
“Now, California is working with the EPA to open the door for this policy to stand, which disregards the need for uniform federal standards. It makes bad policy worse.”
– Ted Greener
There is also a possibility that other states, like Oregon and Washington, could follow California’s lead in various areas, including COVID-19 coordination and phasing out certain new car sales.
On multiple fronts, such as the reciprocal switching rule, the East Palestine derailment, and the American Railway Act, the railroads and the Biden administration find themselves at odds. The EPA’s waiver decision suggests that the White House has no intention of deescalating the conflict as the election year approaches.
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What concerns do critics have about the impact of environmental regulations on economic growth and job creation in industries reliant on rail transportation?
Ponsible for transporting a significant portion of the country’s goods, are burdened with costly regulations, it will lead to increased costs for consumers and could disrupt supply chains.
However, supporters of the EPA’s intervention argue that the railroads should be held to the same emission standards as other industries. They believe that the transition to electric or lower-emission locomotives is not only necessary to combat climate change, but also presents an opportunity for job creation in the clean energy sector.
The EPA’s decision has sparked a debate on the balance between environmental regulations and economic considerations. Critics argue that such regulations could hinder economic growth and job creation, particularly in industries that heavily rely on rail transportation.
It is yet to be seen how this dispute will pan out in court, and what the long-term implications will be for the railroads and the environment. It is clear, however, that President Biden’s administration is committed to advancing its climate agenda and considers the reduction of emissions from transportation a crucial part of that effort.
As the legal battle surrounding California’s regulation of rail emissions unfolds, it will likely have broader implications for the federal-state relationship in environmental regulation. It may set a precedent for other states to adopt stricter regulations on industries such as aviation and shipping, which have also been criticized for their contributions to greenhouse gas emissions.
In conclusion, President Biden’s White House intervention in the railroads dispute reflects his commitment to reducing carbon emissions in the transportation sector. While the move has been met with opposition from the railroads and industry groups, it aligns with the administration’s broader agenda to combat climate change. The outcome of this legal battle will not only impact the railroads, but also shape the future of environmental regulation in the United States.
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