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NTEA and SEMA File Lawsuit to Halt California’s EV Truck Mandates

Industry associations challenge CARB’s Advanced Clean Fleets regulations in federal court.

October 9, 2024
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The plaintiffs contend that CARB’s mandates would force fleet operators and vehicle manufacturers to adopt costly zero-emission technologies, leaving ICE and alt-fuel vehicles obsolete.

Photo: Automotive Fleet

3 min to read


NTEA–The Work Truck Association and the Specialty Equipment Market Association (SEMA) have jointly filed a lawsuit in the U.S. District Court for the Eastern District of California, challenging the California Air Resources Board (CARB) over its Advanced Clean Fleets (ACF) regulations. 

These regulations mandate the use of electric vehicles (EVs) across a wide range of fleet vehicles, including heavy-duty tractors, work trucks, and package delivery vehicles. 

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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 within California, affecting vehicles regardless of their state of purchase or registration. 

NTEA and SEMA argue that these regulations “will have a dire effect on an industry that historically has led the way 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 new 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 must be available, capable, and affordable," said NTEA President and CEO Steve Carey. "Left unchecked, the current suite of California regulations will severely curtail the ability of work truck users to obtain the vehicles they need to carry out vital missions in industries like public works, utilities, and emergency response."

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Legal Grounds for the Lawsuit

According to 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 right to retroactively enforce these provisions, potentially forcing fleets to remove newly added vehicles.

Preemption: The plaintiffs argue that CARB’s ACF regulations are preempted by federal laws such as 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 similar to the ACF, a key point in 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.

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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 action necessary to protect the interests of thousands of small businesses,” said Spagnola. 

He added that CARB's single-technology focus could stifle innovation and alternative solutions that might better serve the state’s goals for reducing emissions.

NTEA and SEMA argue that the most practical and effective strategy is a technology-neutral approach that allows for multiple pathways to cleaner transportation. 

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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 challenging California’s truck emissions regulations. 

Originally posted on Automotive Fleet

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