The California Air Resources Board (CARB) is being hit from every angle. The Environmental Protection Agency (EPA), the Federal Trade Commission (FTC), the US Department of Justice (DOJ), the Clean Truck Partnership (CTP), and the State of Nebraska all have or had lawsuits against CARB or their plans.
Clean Truck Check (CTC): The CTC is CARB’s version of a “smog test” for diesel trucks. It requires the truck owner to register in a CARB database, pay fees and perform frequent smog checks (also at a cost). The EPA said CARB overstepped its authority by applying this regulation to out-of-state and out-of-country diesel trucks.
EPA’s disapproval is currently in a comment period before a final decision will be made.
Advance Clean Truck (ACT): As a reminder, the ACT was the sell requirement of CARB’s transition to zero-emission trucks. The buy requirement was the Advanced Clean Fleets rule. Both were overturned by Congress earlier this year via a Congressional Review Act (CRA).
Prior to ACT implementation, CARB negotiated with a group of engine and truck manufacturers, Clean Truck Partnership (CTP). The end result was in exchange for a modestly elongated timeline, the CTP agreed to fulfill their obligations of ACT even if it were overturned in litigation.
Despite the legislative rollback, CARB has refused to remove the ruling and has said they reserve the right to retroactively enforce the regulations.
Meanwhile, the CTP was under investigation by the Federal Trade Commission (FTC) for anti-trust activities. It was also sued by the State of Nebraska for collusion.
The CTP agreed not to move forward with compliance of the ACT as it is unenforceable at the federal level. As a result, the FTC and Nebraska agreed to drop the investigations and lawsuits.
Then, the CTP sued CARB claiming the regulator was forcing them to comply with a voided regulation and attempting to circumvent congressional orders.
Enter the DOJ who is suing CARB for violating federal law by enforcing rules more stringent than federal standards as well as continuing to hold engine and truck manufacturers to a rule which was overturned by Congress.
California’s Response: CARB has proposed a statewide Independent Source Rule (ISR), which would regulate emissions from mobile sources (aka trucks and cars) at stationary facilities (think warehouses, port complexes, railroads, grocery stores, anywhere trucks are, and trucks are everywhere).
It is worth noting two bills were floating around the California state capitol this session, one developing a statewide ISR and the other giving CARB much broader powers and independence in setting and collecting fees. Both have failed to move forward…for now.
Additionally, to help with the gap created by the federal exodus in the zero emissions space, California is leaning into additional funding, increased private investment in charging infrastructure and streamlined permitting.