California files motion to dismiss part of OOIDA’s lawsuit against emissions regs

| February 13, 2014
Click through the image to use our interactive graphic to determine your upgrade options for getting CARB-compliant under the Truck and Bus rule in 2014.
Click through the image to use our interactive graphic to determine your upgrade options for getting CARB-compliant under the Truck and Bus rule in 2014.

The attorney general for the state of California, Kamala Harris, has filed a motion in a U.S. District Court to dismiss one of three counts the Owner-Operator Independent Drivers Association has brought against the state’s Air Resources Board in a lawsuit challenging its emissions regulations. 

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The Owner-Operator Independent Drivers Association has sued the California Air Resources Board over the agency's requirement that 2006 year-model and older trucks be retrofitted with ...

OOIDA alleges in its lawsuit that CARB’s Truck and Bus Rule is unconstitutional, claiming it violates the Commerce Clause of the U.S. Constitution. 

In its motion to dismiss, California says the suit’s counts against two CARB employees, Richard Corey and Mary Nichols, do not have legal backing, as OOIDA has sued them in “personal capacities” the motion says, rather than their “official capacities.”

Corey, a CARB Executive Officer, and Nichols, Chairman of CARB, are protected by qualified immunity and did not themselves violate any constitutional rights of truck drivers, the motion says, and the two are simply enforcing regulations already determined by CARB.

Motion-to-Dismiss
Click the thumbnail to see California’s motion to dismiss filing.

The motion, however, did not seek dismissal of the other two counts brought in OOIDA’s suit. In its first count, OOIDA claims the Truck and Bus Rule violates the U.S. Commerce Clause and wants the court to put a hold on the implementation of its provisions. 

The second count asks the court to declare the rule in violation of the Commerce Clause. 

OOIDA filed its suit Dec. 6, saying CARB’s regs are unfairly costly to truck owners, are not proven to be beneficial and are unconstitutional. 

Click here to see OD’s coverage of the suit.

CARB is also still facing a lawsuit brought by the Alliance for California Business, filed in November. ABC claims CARB did not disclose alleged dangers of diesel particulate filters, which are required to be retrofitted to trucks with pre-2007 engines.

Likewise, the California Construction Trucking Association continues to pursue litigation making an argument similar to that in the American Trucking Associations suit over the Port of Los Angeles’ Clean Trucks program’s attempt to eliminate the use of independent contractors in port drayage there. The CCTA argues particular CARB rules violate the Act, which prohibits state laws or regulations relative to motor carrier prices, routes or services. Read more about the suit in this reporting from last year. 

  • Tommy T

    Believe it is 2007 or older.

  • vrahnos

    That is what they mean when they said pre 2007.Means before 2007.

  • Dave Nichols

    it means engines manufactured prior to calender year 2007! many 2007 trucks have engines manufactured in 2006 and even 2005

  • vrahnos

    True and they are brought up to the 2007 standard with added on emishtions on them.

  • trucker

    We have to talk about how we can stop this crazy shit.

  • r berino

    I know this has all been said before, but CARB doesn’t realize the effect this is going to have on truck availability in CA, which, in turn, has caused industry to leave the state. The volume at the ports of LA have dropped, however, has anyone noticed the 38% increase in the port of Seattle? Freight availability through Dec 2013 was down 21.6% compared to 2009-2012. When you add the high tax rate along with the increase carriers now have to charge for their services, the state is forcing the hand of industry to find alternatives. Even any new entrepreneurial ventures beginning in this state, as they grow, will be forced to seek out alternatives to improve their bottom line(s).

  • Danny Jones

    I run exclusively in Commufornia, with my 1996 Intl tractor. It’s “by the letter of the law” good til 2016 and then I gotta replace the motor- not happening in a million mile cab over, scrap the truck NO, or sell it outta state. It never smokes, runs perfect, but yet they say it’s too dirty. I hope this damn state collapses, because the damned hippies are destroying it, and they STILL can’t see the forest for the trees. It’s re-damn-diculous what they are trying to UNCONSTITUIONALLY get away with. Whatever happened to Life, Liberty, and the pursuit of happiness???

  • John S

    CARB does not care anymore then the EPA cares about the financial burden of their regulations. California has a agenda bent on a certain degree of green initiatives that value only those goals and nothing else. This is a ongoing progressive agenda that is not only at the State level but at the Federal level as well. Its never considered any impact on those affected and it never will.

  • John S

    Danny, I think the end result will be stop doing business in these States or comply. For me I will not go into California again. As a one truck owner living in Illinois. It would not be financially sound to upgrade to CARB standards. I know some who have simply moved out of California and are trucking elsewhere. It is sad that your livelihood is ruined by a State bent on nothing more then a “green” agenda.

  • Stygimoloch

    No, actually, they aren’t.

  • Leeming

    You mean there are people still stupid enough to believe we are going to suffer due to global warming due to omissions. Geo engineering is doing are far cry more damage to this planet then omissions ever will. The government will use any damn excuse to make us pay for the damage they are doing to both this earth and our health. You don’t believe me look up geo engineering on you tube, you can find all you need to know.

  • Irishluc

    Irishluc
    Was wondering when someone would file suit regarding interstate commerce.
    Glad to see some one have enough nuts to do it.
    Then of course if O/O’s and the big boy trucking companies had enough nuts to stick together and boycott california it wouldn’t take long to get things straightened out.
    Had this been done years ago it wouldn’t have gotten to this point but as in the past I am sure there wouldn’t be enough drivers with the nuts to hang together and get changes made.
    Same applies to the fed’s and some of their stupid rules and while we are at it get rid of the ata and teamsters as they having done nothing but screw drivers for years.

  • Jack Deth

    I stopped going to that communist state a year ago and my miles haven’t dropped and iam happier…plus getting pulled in to get nit-picked on inspections….don’t get them now….my truck isn’t new its an 07 but I keep the maint up…so what’s the problem…Obama and his EPA crime syndicate

  • Just Me

    Danny

    I have to say that I think you are way out of line here. Not because you have an older truck that has run better, cleaner and longer than 80% of this new high-tech shit they’re trying to force us to buy as many of my friends as well as myself are in the same boat you are, but because you single out one walk of life. You lay 100% blame on the hippies for all of California’s Eco issues, that sir is where you’re wrong. Be realistic, open your eyes and look around. I don’t care whether its the hippies, the yuppies, the Catholics, the Mormons, or a group of bikers, there are potential Eco terrorists in every walk life. If you really want to single out one “group” of people, look at the state and federal agencies making these rules. I’d be willing to bet 75% of them have never worked a real job, and maybe 1 in 10,000 has ever even spent time behind the wheel of a truck let alone done it for a living. You say pissed off, fantastic be pissed off right alone with the rest of us, but direct your anger where it belongs. If we ALL did that we would get a lot farther.

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