CARB sued by OOIDA over retrofit filter requirement in emissions regulations

| December 06, 2013
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. Listen to the podcast below to learn more about potential flexibility options in the works and the forces helping shape them.

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 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 a particulate matter filter to run in the state, alleging the regulation is unfairly costly, not beneficial and unconstitutional.

OOIDA filed the suit Dec. 6, asking the court to permanently stop CARB from enforcing the retrofit regulation for truck owners and operators who live outside of or primarily conduct business outside of California. OOIDA says the rule violates the Commerce Clause of the U.S. Constitution and discriminates against out-of-state truckers.

Related

CARB sued for allegedly not disclosing defects of particulate filters

A business group is suing California’s Air Resources Board over allegations it did not disclose known defects associated with the Diesel Particulate Filters required for ...

CARB’s rule, which begins Jan. 1 for fleets of three or fewer trucks (with an effective delay to January 31 and other potential extensions), requires that trucks with 1996-2006 year-model engines be retrofitted with a diesel particulate filter to operate in the state or potentially face hefty non-compliant fines.

OOIDA’s lawsuit, filed in the U.S. District Court in the Eastern District of California, says the regulations “have caused and will continue to cause irreparable injury to these truckers who have effectively been shut out of the California market because of the costs of compliance.”

Click the above thumbnail to see the lawsuit.

Click the above thumbnail to see the lawsuit.

Moreover, OOIDA alleges in its suit that the CARB regulations will “not result in any measurable global climate change, nor in any measurable reduction of the effects of global warming,” thereby not justifying the costs for truck owners to comply.

With its filing today, OOIDA became the third party to have an active suit against CARB over its Truck and Bus Regulation, as the California Construction Trucking Association filed a suit in March 2011 and has appealed decisions in the case since — the most recent came in January of this year. The Alliance for California Business filed a suit last month claiming CARB failed to note defects and potential fire-causing dangers of the required particulate filters. 

Related

CARB public meetings clarify proposed rule amendments, hear other ideas

In addition to the previously reported six-month "Good Faith" extension, detail here on proposed new NOx-exempt areas and concurrent extensions, a fast-approaching funding deadline, and ...

Jim Johnston, OOIDA’s president, says out-of-state operators are disproportionately adversely affected by the rules, as they have to spend the same amount of money as in-state operators to comply even though they run much fewer miles in the state. “CARB has overstepped its bounds by requiring trucks from other states to be upgraded in order to operate in California,” Johnston said. 

Karen Caesar, Information Officer for CARB, says the agency does not comment on pending litigation.

CARB has announced various proposals in recent weeks to either postpone deadlines or offer exemptions for some out-of-state drivers. Click here to read more on them.

Click here to use Overdrive‘s interactive tool to determine what action, if any, you would be required to take to operate legally in California in 2014.

AD
0 comments

Trackbacks

  1. […] DO not agree on a price just yet. 2 rezones: *CARB already announced they are considering allowing a 5,000 mil a year trip permit, & allowing that trip permit for 5 years instead of the current 1,000 mi. for 2 years. ** OOIDA filed a lawsuit against this CARB rule, claiming the CARB rule violate commerce laws. the suit was filed in a Sacramento FEDERAL court- which mean the court have the authority to delay implantation of the state rule. your truck just might worth a whole lot more then previously expected. CARB sued by OOIDA over retrofit filter requirement in emissions regulations | Overdrive – Owner Ope… […]

  2. […] It's about time. Here is a link to the article: CARB sued by OOIDA over retrofit filter requirement in emissions regulations | Overdrive – Owner Ope… […]