I'm going to start just by including a snippet from today's Court of Appeal opinion:
"The California Air Resources Board (CARB) is responsible for establishing air quality standards to protect public health across the state’s air basins. . . . In August 2020 CARB adopted the Control Measure for Ocean-Going Vessels At Berth (the Regulation or Proposed Regulation; Cal. Code Regs., tit. 17, § 93130 et seq.), which limits emissions from tankers and other ocean-going vessels while at berth, meaning while docked or anchored at California ports or terminals. Western States Petroleum Association (WSPA) challenged the Regulation by way of a petition for writ of mandate. . . .
The Regulation targets emissions from vessels’ auxiliary engines and boilers. [Cite] Auxiliary engines generate electricity to power non-propulsion functions like pumps and lights while a vessel is at berth. [Cite] Boilers, particularly on large tankers, power steam-driven pumps to offload crude oil. The Regulation seeks to reduce emissions from these sources while vessels are idle. [Cite] The Regulation is designed to reduce the following emissions from ocean-going vessels: (1) nitrogen oxides, (2) particulate matter, (3) diesel particulate matter, (4) reactive organic gases, and (5) greenhouse gases. [Cite] The targeted emissions increase the risk of premature mortality, heart and lung disease, and other respiratory ailments, and can form acid rain in the atmosphere. These emissions particularly affect the communities surrounding California ports, many of which are recognized as disadvantaged by the California Environmental Protection Agency. [Cite] In addition to reducing the public’s exposure to these air pollutants, the Regulation is also intended to reduce emissions to combat global warming. [Cite]."
Okay. I know everyone is entitled to have an attorney represent their interests. That's a critical part of the adversary process. Moreover, as both Bob Dylan and Midge from Mad Men have aptly noted, we all have to serve somebody.
That all said, given that there are a plethora of other clients and cases in the world, I would rather not devote my life or career to representing the Western States Petroleum Association in this one, thank you very much.
