Controversial program targets warehouse emissions

By: David L. McGrath | David C. Smith
– Daily Journal

Manatt land use Partner David Smith and environment Associate David McGrath co-authored a Daily Journal article on the South Coast Air Quality Management District’s 2021 adoption of an “indirect source rule” regulating warehouse operations throughout its jurisdiction and why it could potentially spur litigation among businesses. “Instead of directly regulating actual tailpipe emissions, which it cannot legally do, Rule 2305, (also known as the Warehouse Actions and Investments to Reduce Emissions, or WAIRE), allows the district to assess warehouse facilities themselves based on how many trucks come and go in a given 12-month reporting period,” the authors wrote. The rule is intended to reduce local and regional smog-forming emissions that are commonly associated with warehouses and the trucks associated with them in order to reduce the health impact they have on their communities.

Daily Journal subscribers can read the full article here.

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