Industry group drops CARB lawsuit

The Truck and Engine Manufacturers Association has withdrawn a lawsuit that alleged the California Air Resources Board broke the law by not providing enough notice before implementing new emission standards.

The group filed the lawsuit on May 27. On Thursday, Aug. 11, the association announced it was dropping the litigation.

In December 2021, CARB officially adopted a package of emission standards that require heavy-duty engine and vehicle manufacturers to comply with the new standards on Jan. 1, 2024. The manufacturers group says they received only two years to comply.

“Congress unambiguously mandated the minimum four full model year lead-time requirement in the Clean Air Act for both the U.S. Environmental Protection Agency and CARB,” the group wrote in a news release. “EPA has now commenced its review of CARB’s preemption waiver request and held a hearing that included discussion of the lead-time issue. As a result, the Truck and Engine Manufacturers Association has chosen to withdraw its lawsuit without prejudice.”

Following the announcement of the lawsuit, CARB said the rule will have “statewide health benefits” and called it “appalling that anyone would try to weaken this rule.”

Truck and Engine Manufacturers Association President Jed Mandel said the goal of the lawsuit was to reach a resolution on the lead-time issue.

“(The Engine Manufacturers Association) filed the lawsuit to achieve clarity and prompt resolution on the lead-time issue – something all stakeholders should want. (The Engine Manufacturers Association) was never challenging CARB’s independent right to regulate,” Mandel said in the news release.

“At the time we filed, EPA had not yet initiated its review of CARB’s request for a waiver. We are pleased that EPA has now solicited public comment and the review process is underway. We encourage EPA to act promptly and confirm EPA’s own longstanding and explicit analysis finding in 1994 that the Clean Air Act’s four-year lead-time requirement applies to CARB.”

The group said it is committed to working with EPA and CARB to eliminate nitrogen oxide emissions from heavy-duty on-highway engines and vehicles. LL