The ship rule was adopted by the air board in 2005 and implemented last year. It addressed the use of auxiliary diesel engines within 24 nautical miles of the coast. Such engines, which often run on highly polluting bunker fuel, provide power for onboard electricity.
The engines emit an estimated 1,400 tons a year of particulates in the L.A. Basin and account for about 15% of the region's diesel emissions, according to a 2005 air board report.
The Pacific Merchant Shipping Assn., a San Francisco-based group of shipping companies, filed suit to block enforcement of the rule. A federal district court sided with the association in August, and Wednesday's ruling reaffirms that decision.
In June, the air board is scheduled to consider a separate regulation for the main engines that propel ships. The court ruling could mean that California would first have to seek EPA authorization.
John McLaurin, president of the shipping association, said the industry prefers federal or international standards, "which will ensure consistent application of air quality rules and meaningful emissions reductions throughout the world."
Some shipping companies have already complied with the rule by switching to low-sulfur fuels, lowering speeds voluntarily or using shore-side electrical power. In 2004, nearly 10,000 oceangoing ships visited California ports, half of them container ships.
"This lawsuit was not about whether emissions from vessels should be reduced but about who should have the jurisdiction to impose and enforce requirements on international trade," McLaurin said.
Attorneys for the air board contended that the regulation applied only to old engines, not to new ones, so they argued that they did not need EPA authorization because it was not an emissions standard.
Two environmental groups, the city of Long Beach and the South Coast Air Quality Management District intervened in the case in support of the state board.
"Our staff decided to go ahead and regulate because we felt we did have regulatory authority," Paauwe said.
The court rejected that argument, calling the regulation an emissions standard and citing similar rulings by other courts.
State officials do not know whether the EPA is likely to approve a waiver for the ship rule. State and local control of air pollution from ships, airplanes and railroads has long been controversial because of laws safeguarding interstate commerce and concerns that such rules should be international.
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marla.cone@latimes.com
