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 trucks next year.

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 more.

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.

  • JihadLives

    CARB is regulating in California Operators who don’t run 75% or more of their miles in the sate of state CA. We are a 2 truck carrier in CA who travels to OR and WA. We were told by CARB that because we travel only 71% of the our miles in CA we are not eligible for funding under all grant/funding options proposed by CARB. What a joke, we run most of our miles in CA and it is almost impossible to meet the 75% mileage target unless we run only in CA.

  • GJ Danish

    It is about time a challenge was taken rather than bending over and taking this! Good on OOIDA by taking a common sense stand on this issue. I am proud to be a lifetime member.

  • Mike Goertzen

    can i go on welfare???????

  • Corbin

    FINALLY!! CA has completely over stepped on this. Clean air is great but they are going about it in the wrong way. Remember those late 70′s and early 80′s cars that were smogged to death? That went well. How is burning more fuel to go the same distance result in cleaner air? Thanks OOIDA!

  • USMC 69-75

    Time to leave socialist CA, and join the USA!

  • USMC 69-75

    If you want to be on the Gov teet and have them control your life!

  • Tom T

    I agree. I also am a life member and have been for many years. Every driver ought to be a member. The
    Sad part of this story is that it is only the beginning.
    With this administration doing end runs around congress and ordering EPA to make whatever regulations they see fit by executive order and without any challenges, there are going to be a whole lot more lawsuits coming. In fact I can not ever remember in my life time, so many lawsuits against what used to be our own government. The way things are going, the Supreme Court will be running
    the country and deciding winners and losers. Sad.

  • Mike Goertzen

    the goverment already controls are lifes i also owen a c store with beer +smokes they tell mewhat to do and take away iam almost done with calif

  • RED

    ? what is CARB doing about all U.S. Military trucks stationed in the state of CA?

  • Virgin Pacific.Inc

    my choice was to don’t haul into or out in Cal at all.
    Stopped doing bus with Cal

  • AK

    “CARB” The CA board is balancing of the public for clean air, “cleaning CA, by stopping all 2007 & older trucks…my question is what about all the gas station leaks, underground leaks, smokes coming out from the factories, refineries, plants, unfinished freeway works, all dust coming out…they don’t understand how many owner operators will be out of jobs, with no unemployment benefits…bad credit, no loans, dealers taking advantage of grant by selling new trucks who can afford…no help from government, so controlling what…thx

  • AK

    I agree & it is a joke, n grants/funding dealers only wants to help people who wants to buy new trucks which is about $100k not to used trucks & can not get truck loan with bad credit, just in case we approve for loan, interest rates more than 29 perc…

  • Johnny Blackwelder

    I just smile when I hear about all the BS politicians have caused to the people of California. You guys voted all these liberal wack job politicians into office. Now deal with it.

  • lastgoodusername

    The only people that should be concerned by this is the companies based out of CA. Everyone else should just stay the hell out of there and everything will be fine. STOP RUNNING CA. and the problem will go away. I promise.

  • Jon McLaughlin

    It would go away a lot quicker if even the CA trucks shut down today and DID NOT fire up one truck until CARB went away totally!!! Imagine what would happen to ALL commerce in CA if not one ounce of freight moved in CA for one week, two weeks, and more if necessary.

  • bigred

    ABOUT FRIGGIN TIME OOIDA STEPPED IN!!!!!

  • Bill Landsborough

    Are you a member?

  • Marly

    CARB has made it possible!!! I won,t run in that miserable state again. hooray!!!

  • Daniel Kupke

    I am a lifetime member also !!

  • Ken Helton

    Military is exempt, no IFTA no License no inspection, feds always exempt themselves, otherwise they’d all be in jail

  • Ken Helton

    I’m a life member. I’m sure they waited until the 11th hour to let the power brokers work it out, save the cost of the lawsuit (which will be maga-bucks) Now they will try for a temp injunction which in theory would force CARB to reconsider. This will hopefully receive a good look in the 1st court that looks at it, from there, nobody knows

  • Redjeb Mehmet

    This is a complete joke. I have a 2008 freightliner with a DPF it sucked the life out of my engine and caused it to burn more fuel. How is this good for the environment?

  • duhhhhhh

    As a dealership mechanic I see the incredible cost of operation in a truck engine designed from the get go to run with a DPF. I could not imagine trying to get an older engine to operate with an “add on DPF”. Kudos to the OOIDA for taking on this fight.

  • Mimd Games

    And so you think Republicans don’t take bribes too???
    The people they represent would stand to gain too and so before you open your fly trap you may wanna take a trip to DC and see if you can still laugh…

  • sthomas1957

    Well, let’s see. George Deukmejian (8 years — ’83 to ’91), then Pete Wilson (8 years — ’91 to ’99), then Arnold (8 years — ’03 to ’11). That’s three Republican governors. Oh yeah, Democrat Gray Davis served for a whole four years before being recalled. CARB already went into effect before Jerry Brown became governor.
    Yep, sounds like it’s all liberal commie Democrats to me, too!

  • sthomas1957

    It would have been nice if OOIDA had filed this lawsuit…say, a couple of years ago. By the time the arguments are heard in court it’ll practically be too late to save any carriers who might have wanted to operate in California. They will have either learned to do without running in California, or will have already spent beaucoup sums of money on a filter that they now don’t need.

  • Gerald Bryan Bailey

    If I was an owner/operator, or a trucking business operator, I would NOT, send any trucks to California. If I lived in California I would take all my trucks to Sacramento when all the lawmaker were in session and do my best to shut down the roads and airport for one week and make them starve. Also, the people of California need to vote in a brand new bunch of people into office that have never been in office before. I hope that all drivers and companies boycott hauling goods for use in California. Theses are just my personal ramblings.

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  • Tim Freeman Sr.

    I say to hell with them!! I quit going there a few years ago because they are such a bunch of assholes.

  • Tim Freeman Sr.

    But I say good for OOIDA to stay on the bastards trying to screw with the trucking industry in all states and Canada as well. Keep up the good work !!

  • Tim Freeman Sr.

    Right on !!

  • Tim Freeman Sr.

    Sounds like the libtards are getting a little touchy.

  • Tim Freeman Sr.

    How can anyone with a brain still support democrats?

  • Ines

    I have a question what happen with the caterpillar engine

  • konasurf714

    Or Repugnants as well. Tired of the same old crap year after year? Vote for Ron Paul next time.

  • cad

    How about stopping OUR jobs being given to COMMIE china and slave labor, for THERE the ones destroying the ozone, NOT the USA! When cali has to pay $10 for a gallon of milk and so on, i am sure the people will wake up. No one wants to go there anymore.