Coalition of states challenge California’s Advanced Clean Fleets regulation

More than a dozen states are challenging California’s Advanced Clean Fleets regulation, the third such federal lawsuit attempting to reverse the state’s strict truck emission rules.

On Monday, May 13, 16 states, as well as the Arizona state legislature and Nebraska Trucking Association, filed a lawsuit in a California federal court seeking to dismantle the Golden State’s Advanced Clean Fleets regulation. The coalition claims the regulation violates the Constitution and federal law.

“In a stunning gambit that both violates the Constitution and threatens our nation’s economic security, an agency of the state of California has attempted to override federal law and arrogate to itself the power to ban internal-combustion engines in medium- and heavy-duty vehicles,” the lawsuit states. “This attempted ban contravenes controlling law while defying real-world reality and burdening American families and businesses, already suffering from high inflation, with even more costs.”

The Advanced Clean Fleets regulation requires certain fleets to move to zero-tailpipe-emission trucks with a phase-in timeline. Only drayage fleets, state/local agencies and high-priority fleets are affected by the regulation. High-priority fleets are those with 50 or more vehicles, fleets with more than $50 million in annual revenue, federal government fleets or entities that hire or dispatch fleets.

Advanced Clean Fleets applies to all trucks operating in California, including trucks owned by companies outside of California.

The lawsuit claims the regulation effectively creates a nationwide ban on diesel-powered trucks. Consequently, it will “inevitably disrupt the supply chain for all manner of goods, slow interstate transportation, raise prices on goods across the country and impose costs on taxpayers and governments around the country.”

The lawsuit argues that Advanced Clean Fleets violates the Clean Air Act. Specifically, the act allows states to regulate sources of emission that do not move. However, states cannot regulate emission sources that move, like motor vehicles, since they may cross state lines, setting the stage for nationwide restrictions set by Congress. A patchwork of emission standards will divide states, the lawsuit claims, undermining the goal of promoting interstate trade.

The Republican states also argue that Advanced Clean Fleets violates the Federal Aviation Administration Authorization Act (F4A). That federal law restricts states from passing laws pertaining to the price, route or service of motor carriers. The lawsuit also claims California’s regulation ignores the Constitution’s Commerce Clause.

“Advanced Clean Fleets forces certain owners and operators of trucks to retire their working internal-combustion trucks and replace them with battery-electric trucks that are less efficient, less affordable and less available,” the lawsuit states. “Any covered truck fleet owner who refuses to comply is penalized with denial of access to California, the nation’s largest state economy and a hub for international trade.”

Other lawsuits challenging Advanced Clean Fleets

The lawsuit filed by the states follows three other lawsuits challenging California’s Advanced Clean Fleets regulation.

Last October, the California Trucking Association filed a lawsuit against the California Air Resources Board over its Advanced Clean Fleets rule. Like the lawsuit filed by Republican states, the trucking association’s challenge argues the regulation violates the Clean Air Act and F4A.

“The impact of (Advanced Clean Fleets) on the efficiency of the nation’s logistics system is significant, and the economic loss attributable to delays, equipment shortages, and interference with dispatching and the efficient allocation of freight vehicles is not capable of clear calculation,” the lawsuit states. “The threat of facing substantial and perpetually ongoing economic sanctions for noncompliance also threatens to cause (the California Trucking Association’s) members and other local and interstate commercial transportation and logistics operators doing business in California, together with their customers and the public-at-large, irreparable harm.”

In April, the American Free Enterprise Chamber of Commerce and Associated Equipment Distributors filed a lawsuit against CARB’s Advanced Clean Fleets regulation.

“The ability to move people and products reliably and affordably is foundational to free enterprise and a functioning marketplace that serves American consumers,” AmFree Chamber CEO Gentry Collins said in a statement. “The attempt currently underway by the State of California to ban liquid fuels and internal combustion engines is a major threat to the American way of life and terrible climate policy to boot.”

While all three federal lawsuits make similar arguments, a fourth lawsuit filed in state court by the Western States Trucking Association takes a different route. In that lawsuit, the trucking association argues CARB failed to evaluate the environmental impacts of Advanced Clean Fleets under the state’s Environmental Quality Act. The association also claims CARB failed to assess economic impacts and feasible alternatives under California’s Administrative Procedure Act. Lastly, the state lawsuit claims the regulation violates California’s Health and Safety Code by failing to engage in external peer review of the scientific portions of regulation.

EPA waiver still pending

CARB has not enforced Advanced Clean Fleets rules since they went into effect on Jan. 1.

California’s ability to set emission standards stricter than federal rules is possible through a carveout in the Clean Air Act. However, the state must obtain a waiver from the EPA before moving forward with stricter rules.

Although Advanced Clean Fleets was finalized last October, CARB never received the required EPA waiver. In fact, a request for the waiver was not submitted until November. Consequently, CARB announced in December that it will not be enforcing the regulation until it either receives the waiver or a waiver is deemed unnecessary.

Per the regulation, all trucks purchased by drayage or high-priority fleets after Jan. 1 must be zero-tailpipe-emission vehicles. All new trucks must be registered. Although CARB is not currently enforcing the rule, it has warned fleets that any ineligible truck purchased after Jan. 1 will need to be removed from the fleet once the agency gets the green light from the EPA and begins enforcement. LL