Mobile Source Regulation
We offer experience in all aspects of U.S. EPA and California Air Resources Board (CARB) mobile source regulation and enforcement. For decades, the firm has engaged in matters involving rulemakings, regulatory interpretation, compliance, enforcement defense, litigation, and advocacy with respect to mobile sources. This includes providing counsel on issues relating to automobiles and light-duty vehicles (gasoline, diesel, and electric), heavy-duty vehicles, non-road mobile sources – including small non-road engines and equipment/vehicles – commercial aircraft, locomotives and marine engines, and electric vehicles.
Vehicle testing and certification
Greenhouse gas regulation/ Fuel economy requirements
Defeat device prohibition
Averaging, banking, and trading (ABT) provisions
Onboard diagnostics (OBD)
Vehicle recalls and Defect Reporting
Import and export requirements and exemptions
Engine and vehicle labeling
Electric vehicle and battery regulation
Federal Test Procedure dynamometer, in-use vehicle performance (IUVP/ IUCP), and portable emissions monitoring system (PEMS) testing
“Kit Cars” and “Specialty Constructed Vehicles”
Federal Motor Vehicle Safety Standards
California LCFS Compliance
NHTSA Reporting and Compliance (TREAD Act, EWR)
Clean Air Act Preemption
Vehicle compliance programs, policies and auditing
Indirect Source Regulation
Vehicle Miles Traveled Regulatory Programs
On Road and Nonroad Engine/Vehicle Regulation
California and State Requirements
The firm’s automotive regulation experience also extends to European Union and Worldwide Harmonised Light Vehicle Test Procedure regulatory standards and requirements and, to a more limited extent, Chinese vehicle regulation.
Representing major auto, heavy duty truck, and nonroad equipment manufacturers in a variety of U.S. EPA and CARB enforcement actions.
Negotiating consent decrees on behalf of Fortune 500 companies in U.S. DOJ enforcement cases.
Assisting Larry D. Thompson, former U.S. Deputy Attorney General, whom the U.S. government appointed as the Independent Compliance Monitor and Auditor for VW, in conjunction with VW’s criminal plea agreement and consent decree stemming from the company’s scheme to sell diesel vehicles containing software designed to cheat on U.S. emissions requirements.
Representing clients in criminal and civil enforcement actions under U.S. EPA’s aftermarket defeat device National Compliance Initiative.
Successfully challenging state regulation of air emissions on preemption grounds under Section 209 of the Clean Air Act (CAA).
Counseling automotive manufacturers on making self-disclosures to regulatory agencies about vehicle certification non-compliance issues.
Conducting OEM emissions compliance assessments and training programs
Favorably resolving alleged failures to comply with U.S. EPA and CARB requirements for obtaining Certificates of Conformity and Executive Orders.
Representing Original Equipment Manufacturers (OEMs) in matters related to Auxiliary Emission Control Device (AECD) reporting under CARB and EPA regulations and counseling on the scope of defeat device exceptions under applicable law.
Representing the trucking industry in the litigation and settlement of the Heavy Duty Diesel Engine Consent Decree that concerned the use of engine emissions defeat devices.
Litigation related to preemption of state regulation under the CAA, “California” waivers, and emissions standards.
Working with U.S. EPA's Office of Transportation and Air Quality (OTAQ) on the successful introduction and transition of on-road and non-road vehicles to successively more stringent tiers of vehicles emissions standards under EPA and CARB's Transition Program for Engine Manufacturers (TPEM).
Advising clients on climate regulation, carbon-related exhaust emissions (CREE) standards, and greenhouse gas (GHG) emissions credits.
Representing an automobile technician facing criminal CAA charges relating to allegations of falsifying vehicle emissions arising from a national enforcement initiative titled “Operation Clean Scan,” obtaining a favorable probationary sentence along with a minimal fine.