Missouri proposal would restrict enforcement of diesel emissions rules

State and local entities and workers would have no authority to enforce or try to enforce the covered federal actions. Covered vehicles include the listed diesel-powered buses, trucks, tractors, and other vehicle types. The restriction concerns federal actions governing removal of emission-control devices on diesel-powered vehicles.

An employer could be liable when a worker knowingly violates the enforcement restriction while acting under state or federal authority. This applies to an employer whose worker knowingly violates the restriction while acting under color of state or federal law. An injured party could seek court relief. A court may award reasonable fees and costs to a winning party, except when the winner is Missouri or a local government. Sovereign, official, or qualified immunity could not be used as a defense in these actions.

An employer of a federal worker would owe a $100,000 civil penalty per occurrence for the described knowing conduct. This applies to an employer of a federal official, agent, employee, or deputy, or another person acting under federal authority in Missouri. The worker must knowingly enforce or try to enforce a covered federal action, or materially help another person do so. A person who lives or does business in the jurisdiction could seek a court declaration about alleged conduct. If the court finds a violation, the employer must pay that case's court costs and attorney's fees.