New Lawsuit Against California’s Advanced Clean Fleets Regulation
A fresh lawsuit has emerged challenging California’s Advanced Clean Fleets regulation, with truck equipment and parts manufacturers now joining the fray.
On Tuesday, October 8, the Specialty Equipment Market Association (SEMA) and the National Truck Equipment Association collectively initiated a federal lawsuit against the California Air Resources Board (CARB). They contend that CARB’s Advanced Clean Fleets rule breaches both federal and state law.
Details of the Regulation
The Advanced Clean Fleets regulation mandates that certain fleets transition to zero-tailpipe-emission trucks on a phased timeline. The regulation primarily impacts drayage fleets, state and local agencies, and high-priority fleets—defined as those with 50 or more vehicles, exceeding $50 million in annual revenue, federal government fleets, or entities that hire or dispatch fleets.
Concerns Over Innovation and Impact
In their lawsuit, SEMA asserts that it has collaborated with CARB to ensure that aftermarket parts comply with California’s stringent truck emission standards. While the aftermarket industry has led advancements in alternative-fuel technologies, SEMA argues that the Advanced Clean Fleets regulation undermines innovation.
The lawsuit states, “The (Advanced Clean Fleets) regulations exceed California’s constitutional and state statutory authority and will hinder the innovation that has historically facilitated the development of cleaner and safer automobiles.”
Broader Industry Implications
The National Truck Equipment Association, representing the work truck sector, argues that CARB’s rules, focusing on drayage and larger trucking fleets, neglect specialized vehicles that may not be suited for battery-electric use. Both associations claim that the Advanced Clean Fleets regulation will significantly harm many companies, rendering numerous products they sell obsolete in California—the largest single-state economy and the world’s fifth-largest economy.
Legal Basis and Previous Lawsuits
This filing marks at least the fourth federal lawsuit aimed at overturning the Advanced Clean Fleets regulation. Prior lawsuits have been initiated by the California Trucking Association, the American Free Enterprise Chamber of Commerce, and 16 Republican-led states. The Western States Trucking Association is also pursuing legal action against CARB in state court.
Similar to previous lawsuits, the truck equipment associations assert that the Advanced Clean Fleets regulation contravenes federal laws, including the Federal Aviation Administration Authorization Act and the Dormant Commerce Clause.
Call for Court Intervention
The associations seek a federal court ruling to declare the Advanced Clean Fleets regulation invalid and unenforceable, along with a permanent injunction against California implementing or enforcing these rules. Although California cannot enforce the regulations until it receives the necessary EPA waiver, it has warned affected fleets of potential retroactive enforcement from January, which could compel companies to remove internal combustion trucks acquired post-January 2024.
