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In Engine Manufacturers Association v. Robert J. Huston (citation omitted), the U.S. District Court for the Western District of Texas struck down state regulations that required non-road equipment operators to accelerate the acquisition of new, lower-polluting equipment and the disposal of more polluting equipment. Under the regulations, an increasingly larger percentage of a fleet's inventory of non-road equipment would have to have met new, more demanding federal emission standards. Several industry organizations successfully challenged the regulations by arguing that they violated the Clean Air Act's prohibition against state or local rules that impose emission standards on non-road vehicles and engines. The Texas Natural Resources Conservation Commission (TNRCC) argued that the rules did not violate the preemption provision because they did not establish any sales restrictions or sales quotas. The court, however, found that the rules were " clearly an attempt by the state to control the emissions of non-road vehicles through a standard or other requirement." |
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