California Court of Appeal

In this case, plaintiff challenges regulations adopted by defendant requiring engine manufacturers to obtain a sample of emissions of in-use heavy-duty engines equipped with on-board diagnostic (OBD) systems that are nearing the end of their certified useful life and conduct a series of tests on these engines. The regulations also contain provisions requiring defendant to order the recall and repair of all engines equipped with nonconforming OBD systems. The trial court's grant of plaintiff's motion for judgment on the pleadings is reversed and remanded, where: 1) the challenged regulations fall within the scope of authority conferred by the Legislature unless the manufacturer in-use testing of OBD systems on heavy-duty engines is prohibitively costly; and 2) the question of prohibitive cost cannot be settled on the pleadings.

Appellate Information

• Decided 11/24/2014
• Published 11/24/2014

Judges

• Hoch

Court

• California Court of Appeal

Counsel