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Shippers Say California Overreaches

SACRAMENTO (CN) - The Pacific Merchant Shipping Association claims the California Air Resources Board is enforcing rules against ships as far as 24 miles off the coast, though its authority ends 3 miles out. The rules involve fuel oil and record keeping.

Violations are punishable by fines. And, the plaintiff adds: "PMSA's members will be required to comply with these unlawful regulations and will be subject to fines, penalties, and potential exclusion from the ports of California if they fail to do so. They will suffer immediate and irreparable harm if required to comply with the regulations because they will incur the substantial and immediate additional expense of purchasing and using fuels that comply with the CARB regulations and these expenses are not and will not be recoverable from defendant, CARB, the State of California or any other entity. Furthermore, unless enforcement of the regulations is enjoined, important interests of the United States in the national and international uniformity of laws and standards applicable to interstate and foreign maritime commerce will be compromised."

The trade group is represented in Federal Court by Erich Wise with Flynn, Delich & Wise of Long Beach.

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