Editorial: California magical thinking will derail America

Published 7:00 am Thursday, January 18, 2024

The unelected California Air Resources Board, which has been working for years to force the rest of the country to ban internal combustion engines in cars and trucks, now wants to control the nation’s railroads.

If approved by the federal Environmental Protection Agency, a board proposal to phase-out diesel locomotives will affect rail service throughout the U.S. as interstate railroads divert billions of dollars from safety, maintenance and congestion projects. It could also put some California shortline railroads that carry farm commodities and supplies out of business.

It must be stopped.

Under the proposed rule, beginning in 2030 diesel locomotives operating in California can’t be older than 23 years. New engines on freight trains must be zero emission by 2035.

The rule requires railroad companies to set aside money in restricted spending accounts beginning in 2026 for the conversion based on what the air resources board calls a “conservative estimate of the health costs attributable to their California emissions.”

Union Pacific anticipates having to deposit $700 million a year into a state-supervised spending account. BNSF Railway anticipates depositing $800 million, or one-fifth of its capital budget for its 28-state system.

Big railroads say that money set aside for California’s mandate will reduce their infrastructure spending throughout the United States. Even so, the board says these requirements won’t cost the major lines business.

Not so with shortlines operating solely within California’s borders — railroads that can’t opt out of serving California customers.

For example, the San Joaquin Valley Railroad Co., a 371-mile rail line that transports agricultural products, anticipates depositing $5 million, more than half the company’s cash flow.

Even the board concedes that “it is possible some of these businesses would be eliminated.” Sacrifices must be made.

Railroads, operating in the real world and not the board’s fantasy land, point out the absurdity of its proposal — starting with the lack of any practical zero emission locomotive equipment.

According to the Wall Street Journal, Webtec Corp. has only recently produced the world’s first battery-powered locomotive. But it depends on a diesel-powered engine for backup.

Locomotives powered fully by batteries don’t exist. If they did, they would be incredibly heavy and require hours to recharge.

Rail companies operate a national system that can’t stop at the stateline to switch equipment, so the major lines say they have no choice but to convert their entire fleet with whatever equipment exists that will meet the requirements.

The railroad industry filed a lawsuit in the U.S. District Court for the Eastern District of California. The suit alleges the rule violates the Interstate Commerce Commission Termination Act, the Locomotive Inspection Act, Clean Air Act and the dormant commerce clause.

California — joined by Oregon, Washington and other states that follow California’s emission mandates — has moved to dismiss the lawsuit, arguing it’s premature for the district court to hear a challenge to a rule the EPA hasn’t approved.

The California Air Resources Board’s magical thinking can’t be allowed to stand.

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