Mobile Source and Fuels Regulation

As one of the oldest and largest air practices in the country, our attorneys have extensive experience advising automotive and other mobile equipment manufacturers, and related industries on the full spectrum of air quality issues in nationwide, and particularly in California.  Our mobile source regulatory attorneys are at the forefront of both California Air Resources Board (CARB) and federal regulatory matters, combining our familiarity with all sectors of the industry with our in-depth knowledge of federal and state regulations for mobile source emissions and zero and near-zero emitting vehicles. 

California’s unique authority to adopt and enforce motor vehicle emission standards under the Clean Air Act presents numerous challenges and opportunities for manufacturers, fleet owners, and other businesses nationwide.  CARB, in its role as an air quality regulator in California, is tasked with developing a regulatory strategy for vehicle and other mobile source emissions, and its approach is constantly evolving.  For decades, Hunton Andrews Kurth LLP attorneys have assisted clients in matters related to implementation and compliance with CARB mobile source regulations, and have assisted with expeditious resolution of CARB enforcement actions. 

We have extensive experience advising on the broad range of regulatory issues faced by vehicle manufacturers, fleet owners, and aftermarket parts manufacturers, distributors, and retailers with regard to federal and/or California standards, including: counseling on emissions standards, engine, vehicle, equipment, and parts testing and certification; fuel economy requirements; tampering prohibitions; fleet compliance; emissions warranties; averaging/banking and trading provisions; onboard diagnostics; vehicle recalls; exemptions; manufacturer sales mandates; import and export requirements; engine and vehicle labeling; and electric vehicle and battery regulation.

Our attorneys are acutely aware of the impacts that federal and state mobile source regulations may have on the business and operations of the businesses throughout the supply chain and on fleet owners.  To that end, our long history with air quality and climate change laws in California and elsewhere has effected positive results for our clients, including successful litigation of numerous cases of first instance, setting precedent in state and federal courts, and influencing legislation and rulemaking with local, regional, and federal agencies. 

Integrated with vehicle and engine requirements are fuel provisions under both state and federal law.  Our attorneys have extensive experience representing clients on compliance evaluation, fuel pathway registrations and approvals, internal investigations related to fuels compliance, enforcement matters, and regulatory development both federally and in California.  We have represented numerous companies in obtaining approvals for renewable fuels pathways under the federal Renewable Fuels Standard, supported compliance evaluations, and defended enforcement actions.  Similarly, we have represented regulated parties and renewable fuels companies in pathway approvals, compliance reporting, and enforcement actions under California’s Low Carbon Fuels Standard.   

Our attorneys have been active in regulatory rulemakings, compliance advising, obtaining certificates of conformity, internal investigations related to emissions, litigation, and enforcement defense under California and federal mobile source regulations for decades.  Representative matters include:

• Represent one of the largest heavy freight equipment manufacturers in the United States on all aspects of EPA emission requirements from certification, to in-use compliance, warranty and recall issues, and credit programs.
• Represented major off-road construction company on certification and import issues in EPA enforcement and follow up compliance program establishment.
• Defending federal and CARB enforcement actions against aftermarket parts supply chain companies.
• Litigating EPA regulatory actions addressing aftermarket parts and the racing industry.
• Advising major automakers and major petroleum industry clients regarding California waiver issues.
• Defended several large fleet owners in enforcement actions concerning CARB on-road and off-road fleet regulations.
• Represent numerous clients in CARB rulemaking proceedings, filing comments and evaluating viability of a litigation challenge to final regulations.
• Represent numerous on- and off-road, light- and heavy-duty vehicle manufacturers on compliance with federal and CARB certification regulations, defect reporting, and recalls.
• Representing companies subject to the California Low Carbon Fuels Standard (LCFS) program on compliance requirements and credit generation opportunities.
• Represented trade association in litigation challenging California’s LCFS in U.S. district court, the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court.
• Litigated challenge to EPA renewable fuel standard regulations, including developing administrative record in the rulemaking process to support that challenge.