SACRAMENTO, Calif. _ A legal battle over regulations for construction vehicles could become the first test of whether President Donald Trump wants to limit California's unique ability to limit air pollution.
The issue stems from a 2013 decision by the U.S. Environmental Protection Agency that allowed California to require emission filters on bulldozers, forklifts and other diesel-powered equipment.
The state, the only one in the country allowed to set rules that are tougher than federal standards, has been granted dozens of similar waivers over several decades.
Several companies represented by the conservative Pacific Legal Foundation sued over the waiver, and a court hearing is scheduled for May 18 in the 9th U.S. Circuit Court of Appeals.
Now Trump's EPA wants to delay the hearing, and officials said in a Friday court filing that they weren't sure whether the waiver should have been granted.
"Recently-appointed EPA officials in the new administration will be closely scrutinizing (the decision) to determine whether it should be maintained, modified, or otherwise reconsidered," the filing said.
A waiver has never been revoked, but California officials have been on guard for any attempts since Scott Pruitt, Trump's choice to lead the EPA, questioned the state's authority during his confirmation hearing.
On Monday, the California Air Resources Board urged the court to reject the request to put off the hearing.
"A delayed decision in this case leaves a cloud of uncertainty over California's efforts," the state's filing said.
The case could provide hints as to how the Trump administration will handle a much bigger issue: California's waiver authority. The state is moving forward with tougher rules on greenhouse gas emissions from tailpipes even though federal officials are preparing to roll back national standards.
