NY Supreme Court Blocks Diesel Retrofit Mandate

Ruling stops emissions-retrofit laws intended for government fleets being extended to private contractors' trucks on government jobs

The New York state Supreme Court ruled December 14 that trucks working for private fleets contracted by the state are not required to comply with regulations following a 2006 law that required retrofitting government-owned diesel truck engines.

The law was reportedly passed with the intent to require emission control devices on government trucks because such retrofits could be funded with federal money through the Diesel Emissions Reduction Act. The New York State Department of Environmental Conservation had expanded the regulation to include private fleets working on state jobs, according to the Gilberti, Stinziano, Heintz and Smith law firm. The firm represented the plaintiff, Riccelli Enterprises Inc., in the successful challenge.

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