NTEA–The Work Truck Association and the Specialty Equipment Market Association (SEMA) have jointly filed a lawsuit within the U.S. District Court for the Eastern District of California, difficult the California Air Resources Board (CARB) over its Advanced Clean Fleets (ACF) regulations.
These regulations mandate the usage of electric vehicles (EVs) across a wide selection of fleet vehicles, including heavy-duty tractors, work trucks, and package delivery vehicles.
The lawsuit seeks immediate declaratory and injunctive relief to halt the implementation of CARB’s mandates, which the associations argue exceed California’s legal authority.
CARB’s Zero-Emission Mandates
CARB’s ACF regulations require an aggressive timeline to phase in zero-emission vehicles (ZEVs) that operate inside California, affecting vehicles no matter their state of purchase or registration.
NTEA and SEMA argue that these regulations “can have a dire effect on an industry that historically has led the way in which toward cleaner, safer vehicles through innovation and American ingenuity — particularly through alternative-fuel innovations, replacing older engine technologies with newer, cleaner versions, and converting older internal-combustion-engine (ICE) vehicles to recent electric or hydrogen-powered vehicles.”
The plaintiffs contend that CARB’s mandates would force fleet operators and vehicle manufacturers to adopt costly zero-emission technologies, leaving existing internal combustion engine (ICE) and alternative-fuel vehicles obsolete.
“Ultimately, work trucks should be available, capable, and reasonably priced,” said NTEA President and CEO Steve Carey. “Left unchecked, the present suite of California regulations will severely curtail the power of labor truck users to acquire the vehicles they should perform vital missions in industries like public works, utilities, and emergency response.”
Legal Grounds for the Lawsuit
In keeping with the plaintiffs, the lawsuit is built on several legal arguments, including:
Ripeness: NTEA and SEMA members must comply with the ACF regulations even before the U.S. Environmental Protection Agency (EPA) has granted approval. California reserves the fitting to retroactively implement these provisions, potentially forcing fleets to remove newly added vehicles.
Preemption: The plaintiffs argue that CARB’s ACF regulations are preempted by federal laws similar to the Clean Air Act and the Federal Aviation Administration Authorization Act, which govern interstate commerce and emissions standards.
State Law Prohibition: California’s legislature has previously prohibited CARB from enacting regulations just like the ACF, a key point within the lawsuit’s challenge to the mandate’s legality.
Constitutional Violations: The suit also alleges that the ACF regulations violate the Dormant Commerce Clause and the Equal Protection Clause by disproportionately burdening out-of-state businesses and organizations with additional compliance requirements.
Due Process: Certain ACF provisions are described as unconstitutionally vague, making compliance difficult and raising concerns about due process.
Industry Concerns Over California’s Mandates
SEMA President & CEO Mike Spagnola criticized California’s mandates, emphasizing the negative impact on the automotive aftermarket sector, which generates $337 billion in economic activity annually.
“The overreach of California has forced the hand of the automotive industry, making this legal motion mandatory to guard the interests of hundreds of small businesses,” said Spagnola.
He added that CARB’s single-technology focus could stifle innovation and alternative solutions that may higher serve the state’s goals for reducing emissions.
NTEA and SEMA argue that probably the most practical and effective strategy is a technology-neutral approach that enables for multiple pathways to cleaner transportation.
CARB’s Ongoing Legal Battles Over Fleet Regulations
This legal battle underscores the broader tension between regulatory bodies and industries grappling with the transition to a zero-emission future, particularly as CARB continues to push aggressive environmental mandates affecting fleets across the country.
Multiple lawsuits challenge the state’s legal authority to set stricter emission standards than the federal government under its Clean Air Act exemption.
Plaintiffs include 17 states, two trucking associations, and business groups. Recent court rulings have dismissed some claims based on lack of standing, but several lawsuits remain, including ones from the California Trucking Association and the Western States Trucking Association difficult California’s truck emissions regulations.
This Article First Appeared At www.automotive-fleet.com