California sales from ‘OFF’ to ‘ON’”); see also Declaration of Teresa Brusadin (“Brusadin Decl.”), ¶¶12–13 (“Many globally sourced parts require 6–9 months lead time to procure pre-certified components” and certification process takes up to 120 days to complete). As a result, OPEI’s members will be locked out of California’s market for gas-powered SORE equipment, causing irreparable harm to them and their customers. See Declaration of Joe Gulden (“Gulden Decl.”), ¶¶ 8–19; see also Rugg Decl., ¶¶ 5, 7, 11–30; Declaration of JJ Zeilstra (“Zeilstra Decl.”), ¶¶ 5–6, 8– 13. The harm that OPEI’s members will incur absent a stay is irreparable. See Ohio , 603 U.S. at 292–93 (recognizing that “complying with [regulation] during the pendency of [a] litigation would require [petitioners] to incur ‘hundreds of millions, if not billions of dollars’” in “nonrecoverable costs” is irreparable harm) (cleaned up).; Thunder Basin Coal Co. v. Reich , 510 U.S. 200, 220–21 (1994) (Scalia, J., concurring in part and in judgment) (noting that “complying with a regulation later held invalid almost always produces the irreparable harm of nonrecoverable compliance costs”) (emphasis in original). Every year, OPEI’s members must plan for and obtain the necessary components and approvals for the following model year. For example, OPEI member ECHO, a manufacturer of gasoline fueled combustion engine and battery electric- powered, residential- and commercial-use, outdoor power equipment such as chainsaws, grass trimers, leaf blowers, hedge trimers, lawn mowers, generators, and pressure washers, has historically certified nearly 40 exhaust emission families of equipment for sale in California. See Gulden Decl., ¶¶ 2, 14. If the waiver takes effect, ECHO will be unable to certify or sell any new engines or gas-powered equipment into California. Id . ¶¶ 12–18. Instead, ECHO’s customers will have only battery-powered options, and those options are inadequate to meet the needs of ECHO’s commercial landscaping customers. Id . ¶¶ 11, 19. As a result, ECHO will suffer reputational harm, in addition to financial harm. Id . ¶ 19. Likewise, OPEI member Kawasaki certifies more than 20 SORE engine families in California annually. Zeilstra Decl., ¶ 10. Kawasaki engines are the number-one choice of professional landscapers for walk-behind and riding mowers. Id . ¶ 2. The California market is significant for Kawasaki, and even the threat of CARB’s retroactive enforcement of MY2024 has caused Kawasaki’s sales to decline. Id . ¶ 10 (“Since CARB’s threat of retroactive enforcement starting for MY2024, Kawasaki has lost tens of thousands of engine sales annually.”). If the waiver is not rescinded, Kawasaki will not be able to certify or sell any MY2026 engines or gas- powered equipment into California, causing irreparable financial harm to Kawasaki, and its 157 Kawasaki engine dealers and retailers in California. Id . Briggs & Stratton, LLC is the world’s largest producer of engines for outdoor power equipment. Rugg Decl., ¶ 2. The company’s historical sales and revenue data portend a loss of approximately $22.4 million in engine revenue and $3.4 million in
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