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The Pacific Merchant Shipping Association (PMSA) has failed in its attempt to prevent new clean fuel regulations from being implemented in California this week following a court ruling by the Eastern District of California.

The court's decision means shipowners operating within the 24-mile zone will be required to burn either marine gas oil (MGO), with a maximum of 1.5% sulphur, or marine diesel oil (MDO), with a maximum of 0.50% sulfur in their main engines, auxiliary engines or boilers.

Thereafter, beginning January 1, 2012, vessel operators will be required to use MGO or MDO with a maximum 0.10% sulphur in their main and auxiliary engines.

In its lawsuit, PMSA argued that the Submerged Lands Act of 1953 precluded California from regulating vessels beyond its territorial boundaries.

In denying PMSA’s motion, however, Judge Morrison C. England, Jr. of the Eastern District of California concluded “There is no indication in either the [Submerged Lands Act] itself, or within its legislative history, to suggest that Congress intended the [Submerged Lands Act] to prevent coastal states like California herein from regulating offshore air pollution from ocean-going vessels . . . the effects on California from ocean-going vessels pollution are both substantial and beyond any reasonable doubt.”

California is the first state to adopt clean fuel requirements for ocean-going vessels, requiring ships to switch to cleaner fuels within 24 miles of the coast. The California Air Resources Board (CARB) adopted the rules at issue in July 2008. This is the second time PMSA has challenged fuel requirements proposed by the CARB.

Commenting on the court's decision, Melissa Lin Perrella, Staff Attorney for the Natural Resources Defense Council (NRDC) said: “The Court’s ruling is a victory for public health. Studies confirm offshore diesel particulate pollution from ships is carried for miles inland and we know from the billions we spend on healthcare-related costs attributed to air pollution that those emissions find permanent homes in our lungs. Our children, friends and families can no longer subsidize use of this cheaper, toxic fuel with their lives.

“Requiring ships to use clean-burning fuel within 24 miles of our coast will save 3,500 lives during the next six years that would otherwise be cut short by particulate pollution. Complying with these regulations will cost less than one percent of a typical trans-Pacific voyage’s total cost and will reduce diesel particulate emissions by nearly 75 percent."