The California Trucking Association has filed a federal lawsuit aiming to choke enforcement of the California Air Resources Board (CARB)’s Advanced Clean Fleets regulation.
The ACF rulemaking would require California trucking companies to transition their fleets to zero-emission vehicles beginning as soon as next year.
CTA lawsuit alleges ACF violates federal laws
The lawsuit is an aggressive measure against state regulators, but CTA stated litigation “was inevitable once it became clear that CARB embraced a make-believe view of what can be accomplished with today’s technology and infrastructure.”
The association is asking the federal court to grant an injunction, or court order, that will bar CARB from implementing or enforcing the regulation—in any way, shape, and form.
Such a bold legal maneuver needs solid footing to stand on, but the CTA believes it has a smoking gun to dismiss the ACF—federal law violations. This includes alleged conflicts between the Golden State regulation and tenants of the Federal Clean Air Act and the Federal Aviation Administration Authorization Act of 1994.
The CTA asserts: “The agency violated multiple state and federal laws and, accordingly, these issues will be brought before the courts by CTA and multiple other entities.”
The ACF rule has four regulatory provisions: regulations designed to phase in zero-emission vehicles (ZEVs) to fleets for state and local governments; regulations designed to phase in ZEVs for high-priority fleets; regulations designed to phase ZEVs in for drayage fleets; and a 100 percent ZEVs sales mandate effective in 2036.
The association’s thesis argument is that CARB has undermined federal lawmakers and their regulatory framework. In the lawsuit, CTA states ACF “is aimed at transforming not only the vehicles sold within California’s borders, but virtually any vehicle that enters those borders.”
It went on to say, “CARB has disregarded what the United States Supreme Court has declared to be Congress’s carefully calibrated regulatory scheme.”
The lawsuit was filed October 16 with the U.S. District Court for the Southern District of California.
Other trucking groups, truck drivers against the regulation
The CARB body approved the ACF regulation this past April even as trucking stakeholders screamed in agony against it.
Standing in solidarity with the CTA are other major trucking interest groups, like the American Trucking Associations, whose leader slammed the regulation and CARB for overreaching. “This isn’t the United States of California,” ATA President and CEO Chris Spear stated.
Owner-operator truck drivers have also been enraged by the looming regulation. Already flummoxed by the state’s AB5 law, ACF has felt like another poison-tipped thorn into their sides.
Some drivers have even left California altogether to set up shop in another state. If a large trucker exodus were to ever happen, the state’s commerce, both domestic and international, could be crunched.
Keep in mind that this rule applies to drayage companies as well. California’s seaports (Los Angeles, Long Beach, and Oakland) are among the country’s most popular hubs for imports and exports.
Final Thoughts
Ironically, the CTA’s lawsuit cites California’s betrayal of federal law when, back in April, the ACF received a waiver from the EPA, a federal agency, to enact its own emission standards. The original Clean Air Act (federal law) endows the Golden State this unique exemption (if granted a waiver).
Had the EPA rejected the state’s request, the regulation wouldn’t have been able to move forward.
It’ll be an interesting court battle.
Please contact us if you have any questions regarding this topic or any others in domestic logistics. In addition, stay up to date with weekly headlines from both trucking and rail via our Road Map newsletter.
More blogs similar to this:
Recent Comments