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On February 9, 2026, the NAM filed an amicus brief in the 9th Circuit urging the court to strike down California regulations setting emissions standards for small off-road engines at zero. In January 2025, just before President Trump took office, the EPA authorized California to enforce these standards, which would otherwise be preempted by the Clean Air Act. When issuing its authorization and establishing the effective date of the new regulations, the EPA incorrectly used the date of adoption by California Air Resources Board [2016] instead of the date CARB requested the EPA’s authorization [2024]. This allowed for accelerated enforcement of the rules, essentially forcing manufacturers into immediate compliance with the new standards. The technological developments needed to comply with the rule’s electrification requirements, along with implementing new technology into product designs, made the short compliance timeline entirely unworkable. Industry groups petitioned the 9th Circuit for review of the rule and reversal of the EPA’s authorization decision. In support of these groups, our amicus brief argues that the rule imposes requirements on manufacturers that are technologically infeasible, and the EPA’s authorization decision was arbitrary and capricious in violation of the Administrative Procedure Act.