Congress moves to overturn California’s shipping waivers, impacting ports and businesses

On 8 August 2026, the US Congress introduced resolutions to overturn two Clean Air Act waivers that have allowed California to implement its own shipping emissions rules. The Ocean-Going Vessels At Berth and Commercial Harbor Craft waivers, which have been in place for 50 years under both Democratic and Republican administrations, are now facing significant legal challenges.

According to Hellenic Shipping News, the House introduced H.J.Res.210, sponsored by Rep. Vince Fong (R-CA-20), while the Senate proposed S.J.Res.209 by Sen. Dan Sullivan (R-AK) and S.J.Res.210 by Sen. Bernie Moreno (R-OH). The resolutions argue that the Environmental Protection Agency's reclassification of these waivers as rules is a misuse of authority, threatening long-standing regulatory certainty for the shipping industry.

The At-Berth regulation, which provides long-term certainty to maritime operators, has been crucial in reducing air pollution. This rule mandates the use of shore power and cleaner fuels for vessels docked at ports. It was updated in 2020 after extensive public review and aims to protect public health by reducing potential cancer risks significantly.

The Commercial Harbor Craft Rule, introduced in 2020, has similar aims but focuses on smaller harbor craft. Both rules have proven effective, as the California Air Resources Board (CARB) estimates that the At-Berth Regulation will save 230 lives and prevent thousands of hospital admissions and emergency room visits statewide.

The timing of these federal moves is noteworthy given the Port of Long Beach's recent approval of new green ship incentive programmes. The port, in response to potential regulatory changes, has enhanced its existing measures with an additional $40 million for a zero-emissions truck charging network and further incentives. These actions underscore the ongoing importance of compliance and environmental stewardship in the maritime industry.

According to Ship & Bunker, these new incentives are part of a broader strategy that aims to double cargo throughput to 20 million TEUs annually by 2050 while transitioning fully to zero-emissions operations. The Port of Long Beach's CEO, Dr Noel Hacegaba, emphasized the importance of accelerating the shift towards cleaner energy sources.