California group continues court battle over emissions regs

| January 23, 2013

The California Construction Trucking Association announced Tuesday, Jan. 22, it filed a Notice of Appeal to the U.S. Court of Appeals for the Ninth Circuit after a December 2012 ruling offered what CCTA says was a non-decision in its nearly two-year-long case with California’s Air Resources Board and its truck regulations.

CARB in recent years has rolled out little by little stricter emissions regs that require truck owners to either install soot filters or upgrade to a newer model, such as the ones that began Jan. 1 of this year.

According to a news release from CCTA about its appeal of the December ruling, “The CARB diesel engine regulation will ultimately force the replacement of most diesel powered commercial motor vehicles that do not meet 2010 EPA emissions standards in order to operate in the state of California. Despite claims used to justify this regulation by regulators and environmental groups that public grant funding is readily available to assist truckers in complying – this is not true. Small-business truckers are bearing the brunt of the multi-billion dollar expense to unnecessarily replace trucks originally built and certified to EPA emissions standards.”

The case began in March 2011, when CCTA filed a suite against CARB claiming California it violated the Federal Aviation Administration Authorization Act, “which prohibits states from enacting any law, rule, or regulation affecting the price, routes or services of motor carriers,” says CCTA’s announcement.

CCTA says it plans to continue to challenge both CARB and the EPA, alleging that the EPA’s “hurried” approval of California’s State Implementation Plan conflicts with other federal law, including the FAAAA, and the commerce clause of the U.S. Constitution.

Lee Brown, the executive director of CCTA, posted a letter to the group’s website dubbed “Why We Should Continue to Fight.” Click here to read it. In it, Brown questions the science used by CARB and calls reports from CARB “mostly propaganda perpetuating a huge deception” and says that truck owners are left to upgrade equipment that complies with federal emissions standards, among much else.

 

  • Estes Trucking

    As a CA owner-operator, we had to comply by the end of 2013. Our 2000 Freightliner was a great truck. But, to comply would have adverse effects on the engine eventually and would have ended up turning this truck in down the road after spending $24,000 on a retrofit. We caved and got the $45,000 grant toward a new truck. Not as good mpg as the old one.truck. What a waste of good trucks and money.

  • http://www.facebook.com/ztbell Zachary Bell

    As an employee at a small company in Illinois, my boss made the decision not to run to California several years ago, and it was due to stuff like this. Small companies should RUN, not walk, out of that state and move elsewhere UNLESS the state covers the WHOLE COST (all $90,000 to $160,000) of a typical brand-new truck!

  • ilovdieselsmoke

    Guess my old 1979 Peterbilt and myself are banned from California forever! I jus cry over the thought of what I may be missing by being black balled from that wacko state but life goes on for me and my old girl. It’s sure funny how those CA treehuggers can get researches to write any study they care to “fund with exactly the outcome they’re seeking” for more knee jerk government regulations. If those turtles hadn’t informed me that I was on my death bed after forty-six years of driving older non electronic, non DPF, toxic trucks I wouldn’t have known how sick I was. OK, so now I’ll apply for my much deserved government disability pension for breathing that dreadful silent killer soot we left behind for over three million miles.

  • BarbE

    Guess the “little man” is getting the boost! Big companies will take over and charge what they want for freight to shippers and there will be no competition, you’ll pay the freigt charge they want. “just like Wal-Mart” taking over.

  • jess mcclure

    California faked the diesel emissions and that story got buried along with the states freedom – state even said that CARB engineers had screwed the figures the wrong way – so now you buy a new rig at $150,000 you get to play trucker. Sen Pelosi and Sen Barbra boxer screwed us here in California and all the truckers in America – back in the day truckers could really hurt the economy with a shut down , but there is not enough Independent truckers anymore to make a difference – i only ask that Kim Jong ill of North Korea put the nuke on San Francisco and level that hell hole and free us here in California

  • trappertom

    There’s something seriosly wrong in California.

    As of Jan, 1, 2013.

    Skirts on trailers that do no or little good
    under 63 MPH and with the max speed for big trucks at 55 MPH. Duh.

    I talked with an emissions compliant DPFilter
    installer in Colton,Ca. The cost is (according to the salesman) somewhere around
    $14,000 to $16,000. I even called him back to make sure that, that was the
    numbers. YEP.

    Then cleaning your new DPFilter—another 3 to
    400$. If it’s not that bad, and even more if it’s real dirty. I just hope that
    whom ever is telling me what I need as far as cleaning goes is honest. Another
    DUH.

    New “Smartway” tires are, lets say, $500 each,
    times 10 equal another $5,000.

    Someone must be getting their pockets well
    lined.

    It ain’t the truck driver.

  • dave r

    I will not be hauling to ca no more. just for that reason.none of my trucks will spend one more dime in the state of ca.

  • dave r

    This is just a big load of crap….

  • dave r

    we all need to stand togather . the hell with ca.

  • deerefreek

    Ain’t that right Jess, won’t be long before Peloci and Obama start handing out free tanks and f16s like they are to Egypt and the west coast will be annihilated. I’m looking at buying a new truck to continue going to California and the owner said I will be the only one to go there anymore. He’s not taking on any more freight and California can go get _______.

  • http://www.facebook.com/profile.php?id=1323668763 Rexford Dundon

    it’s ridiculous that California and the EPA can madate vehicles that met standards (emission or otherwise) when they were made to meet new MUCH more restrictive standards.

  • steve shipman

    we can fight back if we unite together if we don’t stop this they will never let up this has to come to a halt drivers they are regulating us out of buisness freight low fuel high then brokers say the low freight is a back haul why is it we have to take a loss how many times have you o/ops book a load and 2 hundred miles down the road and get a call the load cancled and get nothing for your work we need to stop this we work hard and we need to be paid for our work if we get together as one we can make a change stop epa now stop ray la hood running out of control i live in california and the epa here says in 2014 i’m not allowed to come home do i need to walk from arizona or oregon or neveda lines i’ll bet if someone told barbra boxer,nancy peolsi or dianne feinstein they couldn’t go home they would change the laws wouldn’t they

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