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Congress overturns California’s Commercial Harbor Craft shipping clean-air shipping waiver

Christening of the eWolf, , America’s first all-electric ship assist harbor tugboat
Photo credit: Pacific Environment

The House of Representatives voted on California’s Commercial Harbor Craft waiver today. House Joint Resolution 213 attacking the Commercial Harbor Craft waiver sponsored by Representative James Gallagher (R-CA-1) passed 214-208.

“At a time when the U.S. wants to lead the shipbuilding industry, Congress has just voted to kill American competitiveness of the industry by overturning California’s clean shipping waivers. The U.S. wants to lead the shipbuilding industry and protecting our nation’s investments at our ports is one step towards building the future of shipping. California’s At Berth and Commercial Harbor Craft waivers spurred investments in cleaner vessels, port infrastructure and maritime innovations. Now all eyes turn to the Senate. We call on the Senate to uphold the waivers and protect the hundreds of millions of dollars in public and private investments made under these protections,” said Teresa Bui, senior climate campaign director with Pacific Environment.

For 50 years, the precedent set under both Democratic and Republican administrations is that the Clean Air Act waivers are not rules. The dispute has also reached federal court. A federal judge in Washington, D.C., recently granted California an injunction involving four Clean Air Act waivers and has approved California’s request to add the At-Berth and Commercial Harbor Craft authorizations to the litigation. Because the maritime authorizations were transmitted to Congress later, the parties are seeking an express ruling from the court addressing their treatment as well. That means Congress is moving forward with votes on the maritime resolutions while the federal court is still considering the legal status of those same authorizations.  

The Commercial Harbor Craft standard, adopted in 2009 and amended in 2022, modernizes tugboats, ferries and workboats with cleaner engines and zero-emission technologies. The standard affects millions of Californians — approximately 9.7 million Californians live near areas where commercial harbor craft operate. The regulation is projected to reduce diesel particulate matter by 89% and nitrogen oxides by 54% by 2038. California estimates that the program will prevent 531 premature deaths, 161 hospital admissions and 236 emergency-room visits, producing approximately $5.25 billion in health benefits over the regulatory analysis period. 

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About Pacific Environment 

Pacific Environment confronts our most urgent environmental issues by connecting local and global movements, catalyzing policy change and inspiring action for the benefit of people and our planet. Together, we promote a healthy climate, reduce pollution and conserve biodiversity for an equitable and thriving future. 

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