Mobile Source Regulation

Van Ness Feldman has a broad range of experience with all aspects of mobile source emission matters, including: rulemaking, compliance, enforcement and legislative matters. The firm represents individual vehicle and engine manufacturers, as well as trade associations for these companies. Our attorneys, some of whom worked in the mobile source program at EPA, have extensive experience with EPA, the California Air Resources Board (CARB), and the Ozone Transport Commission (OTC). 

Examples of Van Ness Feldman’s activities and capabilities on mobile source emissions issues include the following: 

Legislation 

Attorneys in the firm were actively involved in the legislative process leading to the 1990 Clean Air Act Amendments. They worked closely with representatives of vehicle manufacturers, trade associations for the light-duty and heavy-duty manufacturers, and broad industry coalitions concerning provisions of the Act related to vehicle and engine manufacturing operations. The firm’s mobile source experts have kept close contacts with relevant House and Senate committee staff. In addition, attorneys in the firm’s legislative practice group have excellent relations with key House and Senate Members from both parties. 

Rulemaking 

The firm’s rulemaking experience runs from the development of the initial mobile source program at EPA in the early 1970s, to activities to implement the 1990 Clean Air Act Amendments. Recent rulemaking activities for clients include: development of detailed comments on the mobile source provisions of the California Federal Implementation Plan (FIP); development of comments on California’s waiver request to EPA for on-board diagnostic systems; development of legal comments on EPA’s proposed revision to the Federal Test Procedure for light-duty vehicles; advice to a heavy-duty engine manufacturer on an agreement with EPA to reduce NOx and particulates; and development of comments on the control of evaporative and refueling emissions. 

As part of the representation of clients in rulemaking activities, the firm works closely with in-house technical and legal staff, outside technical and economics consultants, and other affected companies and trade associations. We have intimate knowledge of EPA, CARB and OTC policies, and our experience helps us understand how the officials in these organizations view issues before them. 

With regard to litigation arising from rulemaking, Van Ness Feldman was involved in litigation brought by the Sierra Club to force EPA to issue air toxics standards for mobile sources; challenges to EPA’s California waiver approval for OBD II systems; and the aftermarket industry’s attempt to obtain detailed OBD design information from vehicle manufacturers. Over the years, we have been involved in litigation arising from other EPA mobile source rules. 

Compliance 

The firm counsels vehicle and engine manufacturers on issues arising from compliance with existing regulatory requirements, including: certification; warranty language; sale/distribution questions in Northeast states; and state inspection/maintenance programs. Typically, we work with in-house technical and legal staff on these issues, as well as representatives of other companies and trade associations. Again, our knowledge of EPA, CARB, and OTC staff and policies helps us to provide prompt, cost-effective responses to clients’ inquiries. 

Enforcement 

Our prior EPA experience and understanding of the enforcement process and personnel allow us to advise clients on creative ways of resolving enforcement matters. We have represented manufacturers who have been the subject of enforcement proceedings and investigations brought by EPA. These matters have involved recall investigations, tampering allegations, and alleged violations of federal fuel regulations. In these cases, we have assisted clients in determining whether the allegations had merit and, if so, we have developed strategies that have led to resolution of the matter. In addition, we have been asked by a client to evaluate the environmental benefits and economic costs associated with the current recall program for light-duty vehicles.