A lawsuit in a Federal District Court in California was filed by a Trucking Association seeking injunctions (essentially blocks) of California’s Advanced Clean Fleets Rules. What is being challenged is a state law that requires phase out of internal combustion engines by 2040. More imminently, however, it requires that no internal combustion powered trucks be permitted to be added to the state’s drayage registry by January 1, 2024.
The main argument in the lawsuit is that the state went beyond its authority in enacting these laws. Specifically, they argue the following:
- California Air Resources Board (the creator of this rule) never obtained the necessary waiver from the Environmental Protection Agency. This waiver is required to have a state rule, which is more restrictive than the federal rule.
- The Advanced Clean Fleets Rules violate the Federal Aviation Administration Authorization Act. This Act prohibits states from having regulations that impact the “price, route or service” offered by a trucking company.
Additional claims made is that the rules are confusing making them difficult to comply with.